Do I have to go to court after my spouse and I separate?
You do not have to go to court after you and your spouse separate. During the separation process, there are several options available to help resolve disputes between separating spouses, such as:
- Negotiation – this is an informal, cooperative process where you discuss your issues, interests, and potential solutions. Negotiation enables you to maintain more control over the outcome, it can be less time-consuming, and it can be less costly than going to court. You have the option to negotiate directly through your respective lawyers, or with the assistance of a neutral third-party mediator.
- Mediation - this is a voluntary process where a neutral third-party mediator facilitates discussions between you and your spouse to help reach agreements. The mediator assists in identifying common ground, promoting communication, and exploring potential solutions. Mediation encourages a cooperative and mutually beneficial approach to resolving disputes. It can be particularly helpful when there are high levels of conflict or when you want to maintain a more amicable relationship with your spouse. The mediator does not make decisions but assists in facilitating agreements.
- Collaborative family law – this process requires a commitment from both you and your spouse, along with your respective, collaborative divorce-trained lawyers, to resolve disputes outside of court. It involves a series of meetings designed to reach mutually acceptable agreements. Emphasizing open communication and problem-solving, the collaborative process aims to preserve relationships and minimize conflict.
- Arbitration – this is a more formal process where a neutral third-party arbitrator, who acts as a private judge, makes binding decisions on the unresolved issues. It is a less formal and expensive alternative to court proceedings. You and your spouse agree to submit your dispute to arbitration, and the arbitrator listens to both sides, reviews evidence, and issues a decision. The arbitrator's decision (also known as an arbitration award) is legally binding, similar to a court order.
Court - if all attempts at negotiation, mediation, or collaborative law fail to resolve your disputes, you may need to initiate court proceedings. This involves filing an application or petition with the court, and the judge will make decisions on matters such as property division, parenting, and support. Court proceedings are more formal, adversarial, and can be time-consuming and costly. It is generally recommended to explore alternative dispute resolution methods before resorting to court.
