A divorce hearing shouldn’t be scary. During hearings, the judge can determine temporary, agreed, or any other procedural matters depending on the written declarations of both parties. Research shows that they’re so many negative consequences associated with divorce. Thus, it would pay to have some understanding of the activities or the processes required in civil court. The reason is that there are many complexities when it comes to civil court processes in different provinces and territories in Canada. It’s also worth noting that not every state requires a court hearing. It would help if you hooked up with an experienced family lawyer to understand what is required. Your lawyer can also help you know whether both of you are required to go for a hearing, or one spouse may attend. But at long last, how the resolution is to be made in any court hearing will depend on the circumstances of your unique situation.
The Court Hearings To Expect In Divorce Court
In Canada, spouses who want to divorce must apply to the court for the judge to grant them a divorce order .There are different forms of court hearings. Again, the number to court appearances to expect depends on the complexity of your case. And for those of the individuals who have never set their foot in a courtroom, it becomes hard to figure out how it will be. The best thing you can do is to be familiar with court hearings, especially if you have to go to court for your divorce. The fact is that divorce is a challenging transition whereby both parties have to decide on so many issues. This is not easy unless you are in complete agreement with your spouse from when the case begins until the issuance of final orders. Some of the court hearings you may expect include:
- Temporary orders hearings: This can also be termed as the first hearing dispute resolution appointment. Temporary orders are sometimes tough; it’s better to have the best divorce lawyer in Toronto to guide you. As these lawyers do all the speaking, your work is made easier. A good lawyer ensures timely professional documents are submitted for the judge to have an opportunity to go through them before any hearing. If both spouses agree in the temporary orders, this makes the lawyer work easier as he/she is to hand over whatever has been decided upon to court for the endorsement.
- Review hearing: This is very useful to help both parties retain flexibility on how they may proceed. Though not every case need a review hearing, this may help the judge to:
- Know where the parties stand on their divorce issues
- Know what has been resolved in case of any direct mediation
- Know the next appropriate steps to take
It’s worth noting that review hearing may be held online. As such only the lawyer and the judge need to have a phone conference.
- Additional hearings: These hearing may be held to help the judge decide on special legal matters before trial. The purpose is to see whether both parties may come up with a settlement such as of financial or alimony with some judicial assistance. Both sides are encouraged to talk freely, as this increase the chances of settlement. Often, but not always, most of the agreements are reached at this point. The judge then can make an order that the case has been concluded. However, if this is not the case, the judge gives further directions on how the case will move forward.
- Final hearing: The judge considers all the available information provided by both parties. The submissions made by the lawyers will also be listened to by the judge. At the conclusion, the judge will make a final judgment. Most of the divorce cases are settled before they proceed to the final hearing. However, for those that do, they may even take up to 2 years from the date the original form was issued.
The court system of Canada is made up of many courts that may be challenging to an individual. Thus, it takes the knowledge of an experienced family lawyer to help you understand the steps to take.
Getting A Divorce Lawyer To Help
In any case, divorce lawyers are supposed to protect your interest and help you seek the best outcome.
The bitter truth is that even a divorce that seems smooth of the onset can turn out to be a long hassle in court. Emotions may run high from both parties, and this may pose a challenge to reach a resolution. Thus, it always considered prudent to engage a qualified Toronto divorce lawyer as early as possible to help you with the process. This may help you navigate the process with more confidence.