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Victoria

Family Law Litigation Lawyers

At Align Family Law, we typically aim to resolve separation disputes through collaborative methods like negotiation and mediation. However, sometimes it simply isn’t possible. Our family lawyers aren’t just skilled negotiators, they are dedicated and experienced litigators.

Victoria

Family Law Litigation Lawyers

At Align Family Law, we typically aim to resolve separation disputes through collaborative methods like negotiation and mediation. However, sometimes it simply isn’t possible. Our family lawyers aren’t just skilled negotiators, they are dedicated and experienced litigators.

Our Victoria Litigation Services

Our process almost always begins with gathering information and attempting to resolve the issues with the other side collaboratively. If that is unsuccessful, then the next step may be to commence a court proceeding in either Provincial or Supreme Court.

The issues in dispute during family law litigation may include the following:

Parenting Arrangements

Parenting arrangements include guardianship, and the parenting time and parental responsibilities each parent has.

Child support

Child support is money paid by one parent to another for expenses related to raising their child. It includes both regular table child support and a share of other special expenses.

Varying child support

As incomes and circumstances change, the parties are required to update their child support. This is an ongoing obligation for so long as child support is payable.

Step-parent adoption:

This process allows a child’s step-parent to become legally recognized as the child’s parent.

Spousal support

Spousal support is money paid by one spouse to the other to help with day to day expenses or to compensate for financial decisions made in the relationship that disadvantaged one spouse or advantaged the other.

Relocation

Sometimes parents may want to move following separation, but there are rules and regulations for the parent who wants to relocate. The law requires the relocating parent to provide written notice to the other parent. A lot depends on the parenting arrangements in place and the factors prompting the move.

The court process can be used to obtain interim orders or final orders. However, just because a court action has been started doesn’t mean that the parties can’t still negotiate and resolve matters outside the court process. In fact, most British Columbia family law matters do not ever reach trial.

Whatever the issues are, you will need an experienced family law litigator to advocate for your interests.

What Our Clients Say

Our Victoria Litigation Process

STEP ONE:

Call our office to schedule your initial consultation.

STEP TWO:

We’ll listen to your story, clearly set out your options so you can determine your best next steps.

STEP THREE:

Together, we’ll get to work resolving the issues and getting you started on your next chapter.

Frequently Asked Questions

When is it necessary to take my family law case to court?

When attempts at negotiation and mediation fail to resolve disputes with your spouse regarding issues like asset division, parenting disputes or support, you will need an experienced family lawyer to take your disputes to court. In such situations, litigation provides a formal legal avenue to seek resolution.

What role does a family lawyer play in litigation?

A family lawyer represents your interests in court, advocating for favorable outcomes on matters related to your family matter. They handle all aspects of your case, starting with filing legal documents and preparing your case. Ultimately, they will argue your case before a judge and advocate for your interests.

What should I expect during family law litigation?

Litigation is typically a longer and more costly process than resolving your family matter out of court. You will need to provide evidence of why your requests should be met, for example, why certain assets should be distributed to you, or why you should be the primary parent for your children. Your lawyer will provide thorough legal representation throughout the process, including strategic planning, evidence gathering, and courtroom advocacy.

How long does family law litigation typically take?

The timeline varies depending on the complexity of your case, court schedules, and the willingness of both parties to cooperate. While some cases may be resolved relatively quickly, others may require several months or even years to reach a final resolution.

What are the potential outcomes of family law litigation?

Typical results include court-ordered settlements on issues such as property division, spousal support, and parenting arrangements.

Contact Our Family Law Litigation Lawyers Today

Litigation is rarely a pleasant experience, but it is sometimes necessary. With our experienced legal team by your side, we will work to secure a decision that will meet you and your family’s needs.

Contact us today to schedule a consultation. 

Are you looking for a family lawyer?

We have offices in Victoria, Kimberley and Vancouver and can assist clients anywhere in British Columbia.

Fill out our form and an Align Family Law team member will contact you within one business day to schedule your Zoom call with a British Columbia family law lawyer.

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