${site.data.firmName}${SEMFirmNameAlt}

Starting Down The Road To Divorce Court

Over the last few weeks, our blog posts have looked at various alternative dispute resolution (ADR) methods for resolving family law matters. When these out-of-court forums fail, asking a judge to decide is usually the last option. This week, we begin a new series to uncover the rules and processes of going to court to settle legal issues arising from a relationship breakdown.

When Going To Court Makes Sense

For most disputing parties, litigation is a last resort. It’s expensive, time consuming, adversarial in nature and riddled with a plethora of rules at every step of the process.

Starting down the path to litigation means relinquishing control of both the process and the end result. Yet for some ex-partners, starting a court case may, in fact, be the right choice from the outset. When? In cases where certain factors could make ADR options inadvisable, such as:

  • Family violence, significant power imbalances or intimidation
  • One side suffers from serious mental health problems or drug abuse
  • The disputing parties cannot talk or cooperate in spite of professional facilitation

Who Sues Whom? And Where?

In a divorce case, the first party who initiates the litigation is the applicant. The other side becomes the respondent. The applicant must gather the prescribed documents together and “serve” them to the respondent – a process we’ll discuss in a future post.

Although Ontario has three courts for family law issues, the court case must be started at the correct one. Our next post will discuss the rules surrounding the choice of court.

Separating or divorcing?

Call us.

Our lawyers can demystify the legal process.

No Comments

Leave a comment
Comment Information

shameless self promotion

  • Quinn Ross Takes Office As President Of The Ontario Bar Association

    The Ontario Bar Association (OBA) is pleased to announce Quinn Ross as the 83rd President of the OBA.

    Ross, Managing Partner of The Ross Firm, with offices in Goderich, Kincardine and Stratford, has been an active member in senior roles on the OBA board since 2012.

    Read More

  • Ross Firm Golf Tourney In Support of Huron Women’s Shelter a Swinging Success

    On behalf of the Huron Women’s Shelter and The Ross Firm P.C., we say “THANK YOU” to our many Sponsors and Donators for their outpouring of generosity and support for the annual Take a Swing Against Violence Golf Tournament held at Goderich Sunset Golf Club.

    Read More

  • Who needs a Will? You do!

    Our guests can explain why. Are you single and renting? A new Family? Or Homeowner? Enjoying your Golden Years? We all need a Will and our guest speakers will show you the why and the way.

    Read More

  • Take a Swing Against Violence

    On June 21, 2017, the Huron Women’s Shelter Second Stage Housing and Counselling Services, Board of Directors and The Ross Firm will be hosting the Taking a Swing Against Violence golf tournament at the Goderich Sunset Golf Course.

    Read More

View All

Send Us An Email. Talk To Us. We Can Help.

To schedule a consultation with one of our experienced lawyers, contact The Ross Firm online or give us a call toll free at 888-567-4917.

Contact Us

Goderich Office
144 Courthouse Square
Suite 100
Goderich, ON N7A 1M9

Toll Free: 888-567-4917
Fax: 519-524-8438
Map & Directions

Stratford Office
1 Ontario Street
2nd Floor
Stratford, ON N5A 3G7

Toll Free: 888-567-4917
Fax: 519-814-5533
Map & Directions

Kincardine Office
943 Queen Street
Kincardine, ON N2Z 2Y8

Phone: 226-396-5532
Fax: 226-396-5533
Map & Directions