Looking for a Divorce? Read This General Overview of Family Court Proceedings to get divorce simplified.
If you intend to separate or divorce from your spouse, you may feel as if you are staring down the barrel of a gun. Separations are daunting, as you well know, especially in family court proceedings. There is a lot at stake.
Much of the trepidation about separating from your partner is fear of the unknown. That’s why you ought to start by understanding the overarching process before delving into the details. And there are many details.
Family law and family law proceedings are extremely complicated. Like chess, it is paramount to have a general understanding of how the pieces move before you place them on the board. That is why the team at Progressive Legal Solutions is dedicated to arming you with the facts to start your process with the advantage.
How Does the Family Court System in Family Law Proceedings work?
The structure of a family law case in family law proceedings generally follows several steps. These steps are carried out by filing various forms, attending programs and conferences, or, ultimately, taking your matter to trial.
Cases often follow a certain path. However, not every case is the same. It’s important to speak with a lawyer to determine how your case will progress according to the circumstances specific to you.
Nevertheless, the first step is generally to file an Application with the Court.
Step 1: File Application in Family Law Proceedings
Once you have made the decision to start a court case against your spouse, the first step is to draft an Application for a family law proceedings. The Application lets the court know that you want to separate from your partner. It also provides basic information about you and your family, and your relationship with your partner.
In this form, you can also ask what you would like the judge to decide, and provide reasons for why you would like the judge to make those decisions.
If you’re making a claim for child or spousal support, or to divide the value of your property (such as a home), you will need to file a financial statement form. On this form you are required to list all of your financial information, such as your income, expenses, assets, and debts. Eventually, your partner will have to fill one out, too. These forms are important because they enable the court to make a fair decision.
Once the Application and financial statement is done, you will need to deliver it to your spouse and file the documents with the courthouse to initiate the family law proceedings.
Step 2: Receive Answer in Family Law Proceedings
Generally, once you deliver your Application to your spouse, your spouse will have 30 days to return an ‘Answer.’ The Answer is a response to your Application in which your spouse may agree or disagree with all or some of the claims in your Application. At this stage, they will also provide you with their own financial statement, all of which will have to be served and filed within the family law proceedings.
If your partner agrees with all your claims in the Application, you may be lucky enough to end your case with a consent order, or by signing a separation agreement and filing it with the court.
However, if your partner disagrees with claims in your Application, the matter continues.
If your partner makes new claims of their own, you will have the opportunity to file a ‘Reply.’ A Reply allows you to address the new claims with information of your own in the family law proceedings. However, this is not mandatory.
Otherwise, if your partner disagrees with some or all your claims, the next step is generally to attend a ‘Mandatory Information Program.’
Step 3: Attend Mandatory Information Program for Family Law Proceedings
These Mandatory Information Program (MIP) sessions are generally an hour long, or longer if you have children. It is led by a lawyer and a family or mental health professional who give you basic information about things like mediation. If you have children, they will also talk about family law as it relates to children in family law proceedings.
There are certain circumstances where you do not have to attend an MIP. For example, if you and your partner agree on everything, you may not have to attend. After the MIP, it may be time to attend your first court date.
Step 4: Attend First Court Date in Family Law Proceedings
The first court date in family law proceedings is not in front of a judge. In fact, the first appearance of Family Court Proceeding will be with a court clerk to ensure all of your documents are complete and have been served properly to the other parties. If all documents are in order, the court clerk will set a date for the first case conference.
Step 5: Attend Case Conference in Family Law Proceedings
Case conferences are designed for you and your partner, and your lawyers, to meet with a judge and discuss your issues in your family law proceedings. The idea is that you will agree on at least some issues without having to proceed to a trial. At a case conference, you may discuss: the legal issues, information you and your partner may want to share with each other, or how you might resolve the issues.
If you and your partner agree on anything, the judge may make an order enforcing what you’ve agreed to. Generally, the judge will not make any orders on things you and your partner cannot agree on.
If you and your partner have not agreed on some issues, the next step is usually a settlement conference.
Step 6: Settlement Conference in Family Law Proceedings
Settlement conferences are a lot like case conferences. You and your partner meet with a judge to discuss the issues with the goal of coming to a settlement in your family law proceedings. You may discuss how to resolve your issues, hear what the judge has to say, and set next steps. The main difference between a case conference and a settlement conference is that at a settlement conference, the judge participates to a greater extent.
It is important to listen to what the judge has to say, as they will give you clues as to how your matter may be decided at a future trial.
If you and your partner think that you are close to settling your issues, you may be able to have another settlement conference to seal the deal.
If you and your partner cannot agree, the judge will usually set a date for a trial management conference.
Step 7: Trial Management Conference
The goal of the trial management conference is to confirm how much time your trial will take and to give you one last chance to resolve your issues.
Like a settlement conference, the judge will try and find ways for you to settle your case. If, by the end of the trial management conference, you cannot agree on some issues – the judge will set a date for trial.
Step 8: Trial
Contrary to your favourite TV series, this trial will not have a jury – only the judge will be deciding your case. That said, trials and Family Court Proceeding are not private. This means members of the public can attend and observe your trial.
The trial is where you will be able to state your position as you wrote it in your Application. You (or your lawyer, if you have one) will start with an opening statement, followed by a presentation of the evidence. At the end, your lawyer will offer closing statements. Then, the judge will decide.
Sometimes the decision is made in the courtroom right away, or after a break. Other times, the judge will deliver their decision in writing later.
Step 9: Receive your Order
Once you’re done with the family court process, including the trial, the court will deliver your order form. You must review the order, sign it, and send it to your partner. At this point, your case is generally finished, and you and your partner will be expected to follow the order as it is written.
Conclusion
Family law is a complicated area of law. While most Family Court Proceeding follow the nine basic steps listed above, each case is different. As such, it is important to contact a lawyer to ensure you navigate the legal system properly.
The team at Progressive Legal Services is ready to help you with your family law matter. If you need legal advice, please do not hesitate to contact us at your earliest convenience.