Similar issues can occur in child custody cases, or if you require the modification of cancellation of child support. Regardless of the specific family law issue you face, it’s always a good idea to have an experienced lawyer by your side. Here are five reasons why talking to a lawyer makes family law issues easier to handle.
While attempting to mediate a family law issue yourself may seem like an attractive option, doing so can put you at a disadvantage. If you don’t have specific knowledge of the legal proceedings you’re undertaking, you likely don’t understand the rights you have as a party in your case.
For example, you may be involved in a contentious case in which your former partner presents false or misleading evidence. If you don’t know your rights, specifically in terms of how to approach attempts to remove this “evidence” from proceedings, you may end up facing damages that stretch far beyond the emotional.
One of the many reasons why family law issues become so complex is that you often have to think about more than the two parties involved in the issue. For instance, a joint divorce case becomes less cut-and-dry if you also have to negotiate custody of children.
In addition to making you aware of your rights, a good family lawyer acts as both a negotiator and mediator. With the latter, your lawyer can advise you on potential settlements or actions that produce the best results for all parties. When negotiating, your lawyer protects your rights and removes your own emotions from proceedings.
Sometimes, family law issues aren’t related to the break up of a relationship. If you’re soon-to-be-married, you might need advice related to asset protection in case the marriage goes south.
Attempting to draft a prenuptial agreement on your own could result in you leaving loopholes for your partner to exploit if you end up getting divorced. By talking to a family lawyer, ideally as partners who are jointly intent on getting a prenuptial agreement, you can reach a compromise that satisfies both parties while leaving no legal loopholes.
According to the Government of Canada website, between 40% and 57% of parties involved in family law cases are self-represented by the time they appear in court. It’s easy to speculate on the reasons why, with the desire to save money on a law firm’s services likely landing at the top of the list.
The problem is that not engaging the services of a lawyer during the early stages of your case can cost you money in the long run. When a lawyer has to join a case in progress, they have to spend extensive amounts of time catching up and, in some instances, attempting to undo the damage the self-represented party caused to themselves. By talking with a lawyer as soon as a family law issue arises, you become aware of your options much faster. Often, you’ll discover options you were unaware of that may save you money compared to a costly court appearance.
Any notice you need to file with the courts or your former partner comes with complications. Beyond requiring the ability to draft an appropriate document, you also need to understand the specifics of when and where to file that document for it to be legally valid.
For example, when filing for a joint divorce in Ontario, both parties need to complete, sign, and date Form 8A: Application (Divorce). They then need to create three copies of this form for filing before moving on to each party completing their own copy of Form 36: Affidavit for Divorce. The point being that a slip-up at any stage in these types of complicated filing processes can force you to restart the whole thing.
Having a family lawyer’s advice ensures that your documentation gets completed and filed appropriately.
Now that you know why it’s so important to speak to a family lawyer, your next step is to find the right lawyer for you. With Legalhood, you get access to a range of family law services, including mediation, joint divorce, and the cancellation or modification of child support payments.
Our experienced lawyers advise clients both in person and via video conference, ensuring you resolve your family law issue as quickly as possible. Check out our family law services page to learn more.