Court Overview
While you are learning about court processes, keep in mind that about 50% of separation and divorces involve going to court , but less than 10% end up going to trial. At a trial a judge makes final decisions about your case. But before trial, there can be court appearances for temporary orders or informal meetings called family case conferences. As you learn more about going to court, keep an open mind and consider options for coming to an agreement.
Mediator’s Tips
You can still use mediation after you’ve started the court process. Mediators, family justice counsellors, collaborative lawyers and other professionals are trained to help resolve family disputes.
Be open to different ways to resolve your dispute. See Who Can Help.
What to Expect When Going to Court?
- Time Consuming: Court processes can take a long time to reach a final outcome. Expect to come to court multiple times. The more complex and adversarial your case is, the more time you will spend in court.
- Emotional: The court process can get adversarial and is emotionally draining. Managing Your Emotions will be key to getting through the court process.
- Stressful: You will feel frustrated and strained at times, so remember to take time to de-stress. Review Taking Care of Yourself.
- Different Judge: It is unlikely that you will be before the same judge every time you go to court. Unless a judge decides they are going to hear your case every time you appear in court (called the judge becoming “seized” of your case), there’s no way to be sure the judge that heard you last time will be the one that hears you this time. If there’s a new judge, don’t expect them to know everything about your case, they may need a summary of your case so far.
- Judge’s Questions: A judge will ask you specific questions to get a better understanding of your case. Try to answer as best you can.
Lawyer’s Tips
The best way to get an understanding of what to expect is by going to the court and watching. See an application be presented. Watch a trial, and speak to someone who is representing themselves.
