If you’ve read Part 1 of our posts on Going to Battle in Family Court, you’ve already learned some important tips that will help you organize your case and put your best foot forward. However, even the most organized person may still be shaken by the intimidating atmosphere of a courtroom. Consider these additional recommendations in preparing for your day in court:

• Investigate educational seminars in your community. Many courthouses offer free workshops where you can learn what to expect when you arrive for your day in court. Call or visit your local courthouse to ask for information, and take advantage of any classes that may benefit you. You can never be too prepared.

• Spend a day in court to learn about customs. Go to the courthouse where your matter will be heard. Spend a few hours in a courtroom watching the process and learning how lawyers present their cases. Take note of any tactics or customs that may be helpful to you. Remember, the judge in your case will not expect you to have the experience or knowledge of a lawyer, nor should you try to use sophisticated legal arguments or tactics. The purpose of this exercise is simply to familiarize yourself with the hearing process and courtroom customs.

• Maintain composure. This is where the organizational tactics discussed in Part 1 of these posts will help. Especially in family law matters, you should expect an emotionally-charged day in court. Do not expect your ex to follow the rules or play nice. By preparing for the worst and hoping for the best, you will be in a position to clearly present your case to the judge and will present as a level-headed, calm, reasonable person. Stay focused on presenting your case and remain as unemotional as possible.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

At MyOntarioDivorce.com, our goal is to help you resolve your issues without recourse to litigation, saving you time and money. However, there are certain situations where negotiations fail and spouses are left with no other choice than to put their matter in the hands of the court. The reality is that hiring a Family Lawyer to run a trial is an astronomically expensive venture that is simply impossible for many people. The alternative is representing yourself in court. Talk about being thrown into the deep end; not only is a courtroom a very intimidating environment, but it also has its own customs and language. Not an ideal situation for a person who is likely already stressed.

Representing yourself means that the onus is on you to present your best case to the court. Here are some tips to consider in preparing for your day in court:

• Document everything. Keep a calendar, day planner, or notebook and document any and all communications or events related to your divorce, custody, access, or support issues.

• Create a Statement of Facts. Start from the beginning. Set out the facts of your situation clearly and concisely so you can explain them to the court. Try to stick to the facts and leave emotions out of the equation. Going through this exercise will help you organize your thoughts and cover all of the issues you’ll be raising with the court.

• Organize your supporting documents in a binder. If you plan to tell the court that your ex threatened you in an email, be prepared to quickly access a printed copy of that email should the judge request it. Remember, your word is not sufficient proof that something happened; any concrete, objective proof you can provide will assist you in convincing the judge that you’re telling the truth.

Stay tuned for Part 2 of this article, coming next week.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

One of the biggest problems with the family law system is that it is often prohibitively expensive, making it inaccessible for many individuals throughout the world. Lack of access to justice can mean that parties seeking a divorce may not receive their full entitlements under the law. Effectively, we’ve created a system of law that caters only to those who are privileged enough to be able to afford it, and that simply isn’t right.

If you can’t afford to retain a lawyer, you may choose to represent yourself. This can be an overwhelming and confusing process, especially if you have a lot of issues to sort out, such as child custody, support payments, property, and assets. Self-representation may mean you deal directly with your spouse, or you may have to deal with your spouse’s lawyer. Neither option is particularly attractive, in most cases.

Most individuals who choose to self-represent do so because of the cost of retaining a lawyer. Many have applied and been rejected from Legal Aid, and enter the process with the notion that they will have to accept less than they are entitled to simply because they are self-represented.  While this is not always the case, it is undoubtedly preferable to have a professional, well versed in family law and the rules of court, at your side when you enter a courtroom. Unfortunately, due to Legal Aid’s stringent qualification guidelines, many lower-income individuals fall through the cracks.

At MyOntarioDivorce.com and Berman Barristers, we believe that everyone deserves access to affordable legal services. In addition to the wealth of resources and free software available on our websites, we offer document review/revise, coaching, court document preparation, and a variety of other innovative legal solutions on a flat-fee basis. This means you choose what you need and what you can afford, and you will know exactly what your services will cost up-front.

Obtaining legal assistance doesn’t have to cripple you financially. We’re ready to help. Contact us to set up a free consultation with one of our family lawyers, and to obtain more information about our flat-fee services.

For more information on separation, divorce, and other family law matters, please visit MyOntarioDivorce.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

Despite what you may have heard, it is possible to represent yourself in Family Court, provided you are well-equipped to do so. This means being organized, doing your research, and being armed with all the information you can get your hands on before going to court. Here are some helpful tips for self-represented litigants in the Family Law Courts:

1. Your spouse’s lawyer cannot give you legal advice. In some cases, your spouse’s lawyer may advise you about procedural steps to be taken, but be wary of any advice you receive directly or indirectly relating to the substantive issues of your case. Remember that your spouse’s lawyer is acting in your spouse’s best interest, and not yours.
2. Communicate with your spouse’s lawyer in writing. You may wish to send a letter to your spouse’s lawyer stating that you will only communicate via written letter or email. This is the best way to avoid the miscommunications that can occur with verbal negotiations. Be sure to keep copies of all communications for your files.
3. Be professional and respectful. Maintaining a civil relationship with your spouse’s lawyer will help the process move more smoothly and quickly. Furthermore, your spouse’s lawyer is required by the Law Society’s Professional Rules of Conduct to treat you with respect. If you feel you are being treated unfairly or taken advantage of by your spouse’s lawyer, you may wish to consider contacting the Law Society to seek further guidance or file a complaint.
4. Be organized. Find out how and when your documents must be filed. Confirm any tips you receive from your spouse’s lawyer about filing deadlines.
5. Be aware of cost implications. If your spouse is successful in court, you may be ordered to pay a portion of your spouse’s legal costs. This can be quite significant depending on the complexity of your case. In some cases, self-represented litigants have been ordered to pay costs to represented litigants where his/her conduct has caused unnecessary delays, regardless of success.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Lawyer

In Canada, most divorces are granted on a no-fault basis. This means that a judge may grant you a divorce without you having to prove that your spouse violated the marriage contract, leading to the breakdown of the marriage.

A no-fault divorce is quicker, easier, and less expensive than a fault-based divorce. This is why the majority of divorces are granted on the grounds of the spouses living separate and apart for one year, as opposed to the fault-based grounds of adultery or cruelty. Especially in non-contested divorces or joint applications, a no-fault divorce allows the parties to apply together to have the court declare the breakdown of the marriage without having to present evidence (or worse, pay lawyers to present evidence).

The no-fault system severely limits the ability of a respondent spouse to challenge the application. If you’re the applicant, this is good for you, as once you have satisfied the court that you have established grounds for divorce by living apart for one year, your spouse cannot stop you from obtaining a divorce. On the other hand, if your spouse is the applicant and you want to work things out, there may not be anything you can do to stop the divorce from being granted.

It is always preferable to resolve as many issues as you can with your spouse before resorting to litigation. Work with your spouse to create a mutually-agreeable solution and apply together to obtain a simple or uncontested divorce. Take advantage of the no-fault system and save yourself a lot of time, money, and frustration.

For more information on divorce and other family law matters, please visit MyOntarioDivorce.com or BermanBarristers.com.

Sincerely,

Robert Berman B.C.L, LL.B
Founder & Family Law Lawyer

If you need to respond to an Application for divorce, this is done in a document known as an “Answer.” This document is filed with the court that issues the divorce papers and a copy is sent to your spouse.

It’s likely you also need to submit a Financial Statement at this time. The amount of information required for this can be time-consuming to put together, so don’t procrastinate! You only have 30 days to file an Answer (if you were served with divorce papers). If you fail to respond to the Application, or are late in responding, you’re stating that you have no objection to what your spouse is claiming.

Helping you help yourself,

Mediation can be a great way to help self-represented divorcing couples. During the mediation process, they work together to develop mutually agreed upon resolutions during the mediation process.

Mediation Fact #1: Unlike a judge or court appointed arbitrator, a mediator has absolutely no legal power to make decisions for spouses who are getting divorced. The mediator is merely there to help negotiate the terms of the divorce and to serve as an unbiased third party while sharing their legal expertise and suggestions for a fair end to the marriage.

Mediation Fact #2: Generally speaking, mediation takes less time than litigating a divorce in court. Since all of the important issues will have already been discussed and the paperwork and required documents will be in place, it only makes sernse that mediation will speed up the process. Mediation can be a great way to help divorcing couples divorce themselves.

Helping you help yourself,

The time has come. Enough is enough. Not everyone needs or can afford a full service lawyer. Why can’t you walk into a lawyer’s office and buy the advice or service you need without first paying a huge retainer upon the lawyer’s expectation and requirement that the service you need is full-service? When you walk into a car dealership you have a choice. When you go to a restaurant you have a choice. You don’t have to buy the most expensive car or item on the menu. Even dentists charge by the filling.

For some cases you need a lawyer from beginning to end. Complicated cases involving business valuations and expert witnesses do. But, most cases that involve a house, 2 kids, and a couple of RRSPs should be settled or litigated with legal advice as and when needed.

Unbundling legal services on an as-needed basis is a win-win for both the public and lawyers. The public get affordable access to justice and lawyers can do more business with the increasing number of clients able to afford their menu of services.

And, that’s what MyOntarioDivorce.com is about . . . giving you the tools and information you need to successfully access the Family Court process without a lawyer holding your hand (and your wallet) every step of the way. Check us out. We’re on the cutting edge of the New Economy. Try us on for size for FREE during your first month of membership. Get all the Court Forms you need automatically prepared to tell your particular story without having to leave your couch. No lawyers. Just a lawyer-approved system that provides you with the tools and information you need to represent yourself and save a lot of money. Any Questions?

Helping You Help Yourself,

Served with divorce papers? You have 30 days to serve and file an Answer (if you were served in Canada or 60 days if you were served outside of Canada or the United States). An Answer generally responds to each allegation made in the divorce application by denying or admitting it, or admitting in part and denying in part.

Anyone’s clock run out?

Helping you help yourself,