As you proceed through your divorce, you can attempt to reach your divorce settlement agreement using various methods, including mediation, arbitration, and collaborative law. While these types of alternative dispute resolution (ADR) can be beneficial in certain cases, they may not always be the best approach for reaching an agreement.
2. Website: https://www.daviesdivorcelaw.com/ Phone: (613) 688-0462
As you proceed through your divorce, you can attempt to reach your divorce
settlement agreement using various methods, including mediation, arbitration,
and collaborative law. While these types of alternative dispute resolution (ADR)
can be beneficial in certain cases, they may not always be the best approach for
reaching an agreement.
Sometimes, it can be in your best interests to forego ADR and rather have
outstanding matters litigated in court. There are specific situations where
litigation is a better choice to ensure you receive a fair divorce settlement:
High-Value Divorces: If you and your spouse have investments,
substantial cash savings, own multiple homes, or own a business,
litigating the division of assets results in you receiving your fair share.
Prevents non-disclosure of or hidden Finances and Assets: Litigating
a divorce will uncover all finances and assets. This is especially
important if you suspect the other party will attempt to hide finances and
assets to avoid having to divide them equally.
Addresses Trust Issues: When the divorcing spouses do not trust each
other, they do not always believe the other person is being honest.
Litigation guarantees honesty.
Prevents Power Imbalances: When there is a power imbalance, one
party is left more vulnerable and could more easily be taken advantage
of by using ADR. Litigating the divorce ensures a balance of power
between the parties.
Contested Divorces: If one or both parties constantly contest settlement
offers, it is better and less expensive in the long run to use litigation to
reach a suitable divorce settlement rather than spending considerable
legal costs in back and forth correspondence and offers between parties.
3. Website: https://www.daviesdivorcelaw.com/ Phone: (613) 688-0462
Abusive Situations: If one party is physically or verbally abusive,
litigating the divorce helps protect the abused party and ensures
additional protection. Often, parties can seek restraining Orders through
Family Court.
Any matters litigated in court become legally binding once the judge decides an
appropriate equal distribution of marital assets. The disposition of the marital
home is also legally binding.
Do All Aspects of the Divorce Require Litigation?
Your Ottawa divorce lawyer will review what options are most appropriate for
your particular circumstances and when litigation would be in your best interests.
In situations where ADR may be more appropriate, litigation may not be required.
If there are outstanding disputed issues after ADR, then the few remaining issues
can be litigated in court. You would want to litigate most, or all aspects of the
divorce for the specific situations mentioned previously.
Additionally, litigation is a good choice in cases where the divorcing couple has
children and cannot reach a child custody agreement that is in the best interests
of the children. For instance, you believe you should be the custodial parent, while
the other party believes you should be the custodial parent.
It is essential to remember each divorce proceeding is unique to the parties getting
divorced. As such, the processes used to resolve outstanding issues can and do
vary from one case to the next.
For further information about litigation and what methods would be best for your
divorce in Ottawa, please contact Davies Law Firm at (613) 688-0462 today, for
the legal advice and guidance you need, to protect your interests.
Find us on yelp.ca or Yellow Pages.
Source: https://www.daviesdivorcelaw.com/litigate-a-divorce/
