Court vs. Other Alternatives — Can I Resolve My Separation without Going to Court?

The short answer: Yes.

Going to court to resolve a separation is never a pleasant experience. Attending court can be time consuming, stressful and extremely expensive for both parties involved, which can drastically deplete the money you receive once a settlement is reached. Understanding the costs and benefits of going to court versus the alternatives before deciding how you and your legal counsel should proceed is so important.

The alternatives
If both parties in a separation are willing, an out of court settlement is usually the best path forward. By using collaborative law, lawyer-based negotiations, or mediation to resolve the situation, the separation is more likely to end amicably. At the very least, it is almost always better to attempt an out of court settlement first and then, if negotiations break down, you can proceed to court later on.

Reasons for going to court
There are some very good reasons why you might decide to go to court. Here are just a few:

1. Civil and reasonable negotiations are not (or no longer) possible between separating parties.
2. The person you are separating with has committed a crime.
3. You have reason to fear for your safety or well-being and require a judge to take action that protects you from harm.
4. The Children’s Aid Society has become involved.
5. Your matter is urgent.

To help you make these decisions and get through your separation in a way that benefits you, you need a lawyer with expertise in family law. That is where Simard and Associates comes in.

Get the legal counsel you need to get through a separation. Contact us by submitting a form or Call us at 613 446 5060. If you’re looking for more useful information, read our blog on Frequently Asked Questions About Family Law.