Simply put, when all negotiations and/or alternate dispute resolution methods to address the issues of your family matter fail, that is when court intervention becomes necessary.
The issues revolving around divorce may include any or all of the following:
- Division of Property;
- Division of Debt;
- Spousal Support;
- Child Support; and
- Parenting time and Parental responsibilities.
A divorce is generally not granted if any or all of the issues remain unresolved. In such situations, intervention of the court becomes necessary to secure and protect your interests.
The Court Process
Initiating a Notice of Family Claim
A Notice of Family Claim is a document which formally initiates/commences the Family Law proceedings in the court. The form requires you to input information with respect to your marriage, separation, children, parenting arrangements, property etc. This information is to be provided in the various schedules that are attached to the form.
Once you complete the Notice of Family Claim, it is to be submitted at the court registry for filing.
Service of Notice of Family Claim
When you are in receipt of the filed copy of the Notice of Family Claim, you have to get it served on your spouse. Based on the information laid out in the Notice of Family Claim he or she will have to respond to the claim. Your spouse has an option to file their own counterclaim.
If your spouse decides to file and serve you with a copy of the counterclaim, and if you do not agree with the claim laid out by your spouse, you will have to respond to the counterclaim.
Exchange of Financial Statements
Following the exchange of all documents in Step 1 and 2, both you and your spouse will need to file and serve upon the other your respective Financial Statements.
The Financial Statements assists the court in having a clear understanding of your finances for the purposes of child support, spousal support and/or division of property.
Judicial Case Conference (JCC)
Finally, the parties are required to attend a Judicial Case Conference. It is an informal, closed room confidential proceeding where a judge will sit with you (and your lawyers) to try and settle your issues. Any decision that is reached at a Judicial Case Conference is reached with the consent of both parties.
If the parties are able to reach an agreement on any of the issues, those issues are considered to be resolved and put in writing in an order of the court. All the outstanding issues then continue through litigation and usually end with a trial.
TRIAL
If you are not able to resolve all the issue surrounding your divorce then you end up having to go for a trial. The process of a trial includes:
- Explaining the issues to the judge
- Prove your abilities and willingness to care for your children
- Prove the values of all family property and debt
- Submit expert report if required e.g. psychological reports, reports highlighting the best interest of the children, etc.
On an average, the trial can range from 5 to 25 business days, depending on the complexity of the issues involved. Trial is a strenuous and complex process which can be at times intimidating and a traumatic experience for some.