To Sue or Not to Sue

May 31, 2007 – 10:55 am

Often a family law client will ask if they should go to court. Sometimes you should and sometimes you should not. In some cases going to court is the worst possible step to take. In others it is the only step to take.

The real key to making this type of decision is whether each party is being reasonable as matters proceed. For example, is information about assets and income being disclosed promptly and completely? Are arrangements for such things as access to the children being accomplished with a minimum of fuss? Is financial help being provided in a reasonable amount, without the need for constant requests? Does there seem to be a will, by both spouses, to try and reach a settlement? All of these practical issues will help to determine whether there is a need for court proceedings.

Sometimes only one court application is needed to determine, for example, interim support. Sometimes every step has to be litigated. Sometimes there is no need to go to court at all. There is no one answer that fits every situation. The most important factor however, is usually whether there is a reasonable level of cooperation between parties. If so, court proceedings, and the accompanying costs, can often be avoided.

If you have questions call or email our office – (250) 656-3961 – reception@mclott.com

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