The idea of appearing in court can be intimidating and overwhelming to many people. While some may feel perplexed due to the false dark portrayal of courts in movies, others simply feel nervous because they do not know what to expect. Regardless of the reason, the truth remains that no one ever feels delighted about having to go to court.
Thus, the first question that comes to everyone’s mind when couples contemplate a divorce is whether they will have to go to court. Firstly, we want to reassure you that appearing in court is not as scary as they portray in movies. The courtroom is not a dark and gloomy place where a merciless judge will turn a blind eye to your pleas and give a verdict against you. In truth, it is a room of honour where justice is served and rights are protected.
Thus, you do not have much to worry about if you need to go to court for your divorce proceedings, especially if you have a reputable family lawyer by your side. Since a lawyer is well-acquainted with the judicial system, they will know exactly how to navigate it for your benefit and will guide you accordingly.
Nonetheless, we believe the reassuring discussion above will make more sense if we shed some light on when and why you might have to appear in court for your divorce. To achieve the aforementioned goal and help you assess your options, we present this blog post with a systematic and detailed yet easy-to-understand answer to the question of appearing in court.
Is It A Must To Appear In Court?
No, it isn’t. In contrast to your worst fears, you do not always have to go to court when pursuing a divorce. However, that does not mean you will not pass through the legal system at all. The fact remains that divorce is a dissolution of a legal partnership (marriage). Hence, all paperwork will have to be presented to a judge for scrutiny so that the divorce judgement is granted.
Therefore, if you and your spouse can amicably resolve all issues and reach a fair and mutually beneficial agreement without disputes, there will not be a need to go to court. But if discrepancies are unresolvable even through alternative dispute resolution methods, then you and your spouse will inevitably have to appear before a judge.
In legal language, if you and your spouse willingly agree on all the terms of the divorce, you can apply for an uncontested divorce. The need to go through an adversarial litigation process is eliminated in this case.
Nonetheless, you might need legal counsel to ensure the uncontested divorce agreements meet the legal standards.
Read Also: Contested Vs. Uncontested Divorce – What Is The Difference?
Reasons Why You Might Need To Go To Court
According to Forbes, things aren’t always that easy despite the spouses’ mutual desire for a stress-free and quick divorce. One partner may feel wronged in one way or another. In such a case, the spouse with concerns may file for a contested divorce, whereby the court is requested to step in and resolve the issue. These issues may relate to child decision-making, parenting time arrangements, division of assets and debt, spousal support payments, etc.
Similarly, you will have to appear in court if your spouse is unhappy with the divorce and decides to defend the proceedings. Likewise, suppose one of the parties does not cooperate and opposes every attempt to resolve matters. In that case, the case will have to be taken to court to get an enforceable and binding order to which the defiant party cannot turn a deaf ear.
From another perspective, cases involving domestic violence may also be dealt with in court as some forms of domestic violence are regarded as criminal offences in the Divorce Act.
Read Also: Domestic Violence And Divorce In Canada
Alternatives To Litigation
On the other hand, if you and your spouse have disputes on some aspects of your divorce but are on the same page when it comes to pursuing a quick and painless divorce, then you can turn to alternative dispute resolution methods like mediation and arbitration. In this case, an impartial third party will help you resolve your disputes without having to go to court.
Peak Family Law offers high-class mediation services to help you reach worthwhile decisions.
About Peak Family Law
Boasting an incomparable balance between compassion and professionalism, we are a team of highly reputed family lawyers serving Edmonton and the surrounding areas. Learn more about Peak Family Law and our expertise.
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