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A Guide to Procedures in Family Court

A Guide to Procedures in Family Court

Nowadays, a lot of married couples need to deal with family court procedures. Not only married couples but also couples in a common-law relationship also need to go through this procedure. Because a family court usually deals with family issues like divorce, property division after separation, child custody, and so on.

Sometimes, when a couple has a mutual understanding between them, they can resolve these issues by themselves. But when the issues are contested, in that case, they need to go through the family court procedures. In most cases, people also need a family law lawyer to resolve their problems.

In this article, we are going to discuss the basic guide to procedures in family court and family law lawyers. So keep reading!

Why do you Need to Go to a Family Court?

There are plenty of reasons why you need to go to a family court. And it is always dependent on an individual, whether they want to go to a family court or resolve their issues by themselves. A couple may go to a family court because,

  • When a couple decides to divorce
  • Property division or shared debt after separation
  • For a decision for child custody
  • When a couple goes for a contested divorce or fights against each other

Sometimes, an individual chooses not to go to a family court because it is so expensive. Dealing with family court procedures is time-consuming and stressful. No matter what, a couple must have agreed upon the judge’s decision after going to court.

Procedures in Family Court

Before going to a family court, the first thing you need to do is identify your family issues. There are so many options to resolve your family issues. If your issues are more than one, then focus on the major ones. You can negotiate with your spouse, make a mutual agreement, or go for mediation.

If these options are not helping to resolve your issues, you can go to the family court. In this case, you may follow certain steps to resolve the issues. These steps are included in the following:

Step 1: Fill Out an Application Form

When you deal with a family court, you may have issues like child custody, property division after separation, spousal support, etc. No matter what the case is, the first thing you need to do is fill out an application form.

Nowadays, you can easily find those application forms online on the family court website of your area. You need to fill out that form with true information, and you may attach some documents with it. Make sure that all the information you are giving is true.

Then, after filling out the form, you can submit it online. But one thing you need to remember is that there are three types of applications. Those types are general applications. If your issue is regarding only divorce, then the second is a simple application, and the third is a joint application.

Step 2: Submit Your Application to the Court

When you are done with all these application forms and necessary documents, the next important thing you need to do is apply. You can submit the application online or through a court clerk. After submitting, you will get a court file number from the court.

You need to collect that number for further steps. When the court returns your paper, you should make a copy of each paper. Because when you hire a lawyer, these papers will help you understand the cases. It is also recommended to keep a copy for yourself.

Step 3: Pay the Court Fees

After submitting the application to the court, the court will charge you some fees to process your case. No matter whether you are going to the Supreme Court of Justice or the Family Court of Justice, you will be required to pay the court fees. These fees can vary from province to province in Canada.

Step 4: Serve all Necessary Documents

When you file for a general or simple application, you must serve a copy of these applications to the other party. Not only the application form, but you also have to send all the necessary documents to the respondent. You may also need to send a blank copy of the form they may need to fill out to the respondent.

That blank copy of the application may include the property statements, proof of financial disclosure, child support, or custody. After completing all these, you need to have some proof of this process. That is why you may need to sign an affidavit of service. You will also have to ensure that all the given information is true.

Step 5: Additional Information

Sometimes, when you are done with all the procedures, you will also need additional information for further processing. In some cases, you need to show the original copy of your marriage certificates to the court. To file for divorce, the court will require you to show the original copy of your marital certificates.

In case you are unable to show the necessary marital documents, you need to apply with a proper affidavit with the court. If the court grants that application, then you can proceed to the next step. Or else you need to talk to your spouse about a joint application.

What Does a Family Law Lawyer Do?

If you file for divorce, then you may go through some family court rules and laws. Sometimes, as a general person, you may find it too complex or difficult to go further. In that case, most likely, you will get help from a professional common lawyer.

But before hiring a professional, you also need to know the activities of a family lawyer. There are plenty of ways in which a lawyer can help you out. When you go to the family court, you will be asked about your issues, family concerns, and so on.

In that case, a lawyer can help you out as a guardian or a middleman between you and the court. Generally, a lawyer specializes in the legal issues of family court. So a lawyer can help you out in several ways, including:

  • Can handle the family issues (e.g., Property division, separation)
  • Can make sure your legal rights
  • Can handle child custody after the separation
  • Can handle the marital agreement
  • Can help you as a mediator or middleman between you and the court
  • Can give you the necessary advice that you need.

The Bottom Line

Dealing with and going to a family court is not a simple task. It involves a lot of legal rules and procedures. If you do not have any idea about the procedure, you will most likely be lost in the middle of the process. In that case, you can seek legal help from a professional family lawyer.

A professional family lawyer can ensure your rights and the marital agreement between you and your partner. When you have a family lawyer, they will assist you as your guardian in court. Thus, you can settle your issues very easily. So hopefully, this writing helped you to know the basic guide to procedures in family court.

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