Separation & Divorce Options
When parties first separate, there are many decisions to be made. One of those decisions will be the method by which the issues between you and your spouse are to be resolved. Will you attempt to negotiate a settlement? If so, will you hire a family lawyer to assist you with those negotiations? Will you proceed by way of mediation? Will you commence legal proceedings before the Courts?
Obviously, the choice of procedure differs in each case and will depend upon a number of factors, some of which may include:
- Whether there is an issue of an urgent nature, such as a party’s safety or a spouse removing funds from a joint bank account or a parent threatening to remove a child to another jurisdiction. If such is the case, it may be essential that prompt action be taken before the Courts so as to protect your interests;
- The ability of the parties to negotiate with one another. Can the parties engage in meaningful negotiations that have some potential to lead to a settlement? Is one of the parties taking an unreasonable and unsustainable position on the issues? Has there been a history of abuse in the relationship such that there may be an inequality of bargaining power?
- Fees. Generally, a negotiated settlement is much less expensive than a trial.