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How to Avoid Going to Court in a Divorce

February 8, 2019

Going through a divorce is stressful. When you add the possibility of going to court, the process may seem even more daunting. If you are trying to avoid going to court in your divorce, here are some tips that might help:

Resolve issues on your own

If your separation is amicable, you might be able to agree on the terms of the divorce with your spouse. To try this approach, make a list of the issues that must be addressed. These issues may include division of property, shared debt, spousal support, child custody and child support. If you come to an agreement on all the important matters, you should then speak with your divorce lawyer to finalize the divorce agreement. You should know that even if you agree on all the important matters, you and your spouse cannot use the same lawyer. You will need to have your own lawyer review the terms to ensure that your rights are protected.

Use a mediator

Another great way to avoid court is to opt for alternative dispute resolution methods, one of which is mediation. You and your spouse will provide the mediator with information about your marriage as well as documents such as pay slips and tax returns for them to review before your meeting. The sessions are usually informal, and most times are conducted in the mediator’s office. They’ll give you an opportunity to discuss the issues with your spouse guided by the mediator who will help to prevent the discussion from becoming too combative. While you may have your divorce lawyer present if you choose, your lawyer is not required to be there.

Consider divorce arbitration

Divorce arbitration is an alternative dispute resolution method that uses an arbitrator to adjudicate on the matter. While it bears some similarities to a court trial it is different in a few ways. One way arbitration differs from a court trial is that you get to choose the arbitrator. You do not have the option of choosing your trial judge in court. Arbitration also has more relaxed proceedings than you would find in a court setting. Furthermore, you and your spouse will work together to set the dates and times that are convenient, another thing you will not be able to do in court. You must know, though, that there is a major drawback of arbitration. The decision is binding and normally cannot be appealed unless there was impropriety on the part of the arbitrator. On the other hand, you can usually appeal the decisions made in court. You will also need to pay the arbitrator in addition to the legal fees you will have to pay your lawyer.

Are you searching for a divorce lawyer in Toronto?

No matter how you choose to resolve the issues that arise in your divorce, you should always consult a divorce lawyer to ensure that any agreement reached will be in your best interest. If you are looking for a divorce lawyer in Toronto, contact us at Baker and Baker Family Law.
At Baker and Baker Family Law, our lawyers have over 90 years of combined experience handling complex divorce matters. During the initial consultation, which is free, we will talk about your situation, give you our opinion about your case and answers any questions you may have. So, what are you waiting for? Give us a call today to schedule an appointment with one of our experienced Toronto divorce lawyers.

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