Question: I am in family law litigation, and I do not agree with the position taken by my former spouse. Why shouldn’t I just go to trial?
Answer: Quite often spouses do not see eye-to-eye on some, maybe a lot of issues in family law litigation. However, it is so important to continually do everything you can to try and resolve matters “amicably”, without going to trial. In fact, only a very small percentage of cases actually end up needing a trial. Trials are very expensive and uncertain. Even before you get to trial, there will be a multitude of conferences the primary focus of which will be to try and settle your case. There will also be a number of other procedural steps adding to the costs.
Also, by going to trial, you are placing your fate in the hands of a judge who may not see things the same way you do, regardless of how well you present your case. You have the least amount of control over the outcome when allowing a judge to decide for you. Even if you are seen to be successful at trial, expect that you will not get all of your costs paid by the other side, so a win can still be a significant financial loss.
It is very important to make shrewd, sometimes hard decisions that are best overall for you and your family.
I am happy to meet you for a free consultation at one of our three offices, including 8 Guelph Street, Georgetown, in the Lounsbury Life & Group Insurance Benefits building.