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Litigation - Resolution through representation

During the process of divorce litigation, parents negotiate through lawyers to come to a settlement about how the divorce will play out and how issues about the divorce will be resolved. From the determination of child support, alimony (support for a spouse) or how assets and liabilities will be divided, who will get the family home or if it will be sold and, most importantly, who will make decisions for the children and with whom the children will live…

Together with their lawyers, each parent decides what they want for themselves and their children and negotiates to get what they want through their lawyer. If the negotiation falls apart (i.e. the parents can not reach an agreement about how all the issues above are to be resolved) the case goes to court and, after hearing each parent’s side of the story, a judge decides how the case will be resolved. At that point, it is out of the parents’ hands and they are required by law to abide by the judge’s decision.

This means that a judge, without knowing or meeting your children, will decide what is best for them and that one the parents will win and one the parents will lose with respect to how the issues of divorce are resolved. Litigation can often be very attractive to each parent because each parent believes that what they want for themselves and their children is “right”. What they find, however, is that litigation requires them to negotiate for their own perceived best resolution and that negotiation always means giving something up. It also means that if the parents are not willing to negotiate or give something up, a judge will decide for them what is “right” and order the parents to do what the court says is the “right” thing to do.

I offer free consultations to help you with any litigation services. To book your free 30 minute consult, you can reach me at marlene@marlenekatz.ca or 647-262-4557.

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