Do All Calgary Divorces Result in a Trial in Court?
February 14, 2017
At GDE Family Law, one of Calgary's premier family law and divorce law firms, we help our clients make the best of what is typically a stressful situation. Our role is to protect our clients' rights and interests, ensuring they get a fair outcome from their divorce that gives them a firm footing towards a promising future. While divorce is rarely simple, we believe our job is to make the process as easy, straightforward, and effective as possible.
In some cases, this means going through the process of a divorce proceeding or "Trial" in a Calgary-area court. We present our case to the judge, your ex-spouse and their lawyers present their case, and we fight to get you the settlement you deserve. If that's what it takes to ensure you are treated fairly, we are more than ready to show that level of commitment and ensure our clients are satisfied.
Most of our clients, however, would be happier if a fair and equitable settlement can be reached without going to court. Divorce proceedings in court can take months and are typically more expensive than out-of-court settlements, and they're no more likely to achieve a better settlement—if you and your ex-spouse are willing to discuss the various issues at stake in your divorce, and can come to a reasonable agreement regarding assets, debts, child custody, and so on, there is no reason for a case to go to court.
Instead, we advise many of our clients to utilize the Alternative Dispute Resolution or ADR process. This approach can make your Calgary divorce less stressful, more affordable, and a lot faster, while still protecting your rights and interests.
How ADR Can Keep Calgary Divorces Out of Court
With ADR, both you and your ex-spouse are still encouraged to have your own experienced Calgary divorce lawyers representing you in discussions regarding your assets and other issues pertinent to your divorce. Instead of arguing in front of a Calgary judge, however, you, your ex-spouse, and your divorce lawyers will sit down with a licensed mediator to calmly work out an equitable arrangement. The process is typically much faster than a full divorce proceeding in Court, with most divorces completed in only a few ADR sessions.
It's important to note that you don't give up any of your rights when you agree to ADR for your Calgary divorce. You should go into the ADR process with an open mind, listen to your divorce lawyer's advice and recommendations, and try to reach fair agreements that leave you in a strong position when your divorce is finalized. If ADR proves unable to settle certain issues, though, you can still bring your case to court and your divorce lawyer will still fight on your behalf to get you the settlement you deserve.
Contact a Calgary Divorce Lawyer Before Making Any Decisions
If you are considering getting a divorce, whether or not your case will end up in Court is probably only one of many questions you have. To schedule an appointment with one of Calgary's most dedicated lawyers, please contact our office today.
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