St. Thomas Divorce & Family Law Blog

Family Law Court Process: The Motion A motion is a litigation tool that helps you manage the court process by allowing you to potentially get a result before a trial. The type of order you seek from a court on a motion is generally an order that temporarily deals with a major issue. It may be the real issue that brought you to court in the first place. If you succeed in your motion, the decision will usually have temporary effect. It is possible, however, that even though the motion may be in advance of a trial, the decision that you want the judge to make could permanently decide the issue. For example, in a vaccination dispute where one parent wants to vaccinate the child(ren) and the other wants to wait, if the pro-vaccination parent is given the decision making power and uses it, this would permanently deal with the matter because they can't un-vaccinate the child afterward. Motions are a major aspect of court proceedings and require much preparation on the ...

The Family Law Court Process: Step 3 - The Reply A possible third step in the family law or divorce court process is the Reply. I say it's possible because a Reply is made only when the responding person makes an Answer that raises new claims. In that case, the applicant can 'reply' to only the new claims or issues. Similar to the application and the answer, the Reply will set out the applicant's response to the new issue(s) raised by the respondent. But if the responding person does not raise new issues in his or her Answer, the applicant does not make a Reply. A Reply can be lengthy and your family law lawyer will write the response with your input. The costs associated with making a Reply are approximately the same as the other main documents -- estimated $3,500 to $5,000 plus tax -- depending on the length of the response and the complexity of gathering information needed to respond to the new claims. Photo credit: Olya Harytovich A Reply can be made only by the app...

Choose the Right Lawyer for You A time will probably come when you will need or should consult with a family law / divorce lawyer. It could be as you look ahead at the start of a relationship to ensure that your plans for your property will come to fruition. Or something just happened in your relationship and you need some immediate advice and help to understand what your options are and what to do next. Family law involves different legal areas rolled up into one practice that can serve you and your family for years. Many people are intimidated by lawyers and searching for one because the terminology is different from what they're used to. They may also see it as being too expensive for them. But it doesn't have to be, and the money that you do spend on a consultation is generally well worth it if you've screened your candidates well.  At the end of the day, your ability to pay and the lawyer's rates are an important part of your decision making. Part...