You Have to Go to Court, Now What? | Jennifer Donovan

This post is presented by J.Donovan Law Group

If you caught Part 3, it was about deciding how you would resolve your legal matter: go to Court, mediate or collaborate.  Let’s say you have decided that the best course is to litigate – go to Court – as reaching a settlement has not been possible, but now what? 

What do you have to do to get ready? How should you prepare? What should you prepare? What happens in the meantime while you wait for your first hearing?

Getting ready for Court is often a big job. 

You will meet with your lawyer, probably more than once, to go over the “facts” and “evidence” you should use to try to convince the Judge that you should be the successful party in Court – the winner!

Your lawyer will canvass things like who primarily looked after the children while you were together, what role did you each play, who arranged daycare, school, medical and other appointments? Did one of you work away or from home? Who managed the household money or were your finances separate? What assets and debts do you have? Where will you live now that you are separated? Are you looking to change the children’s schedule and routine? What has been the “status quo”? This is only a small list of things that will be canvassed.

Your lawyer needs this information in order to prepare your Affidavit.  You may have heard of this term before.  An Affidavit is a sworn or solemnly affirmed document that is to contain the facts and evidence for the Judge.  It is the only form of evidence to be considered in Court at your first appearance unless you or someone else will be testifying (which is highly unlikely at a first hearing).

You will also likely be asked to prepare a Financial Statement (Form 72J), which is a document outlining your income, property, debts and special expenses for your children.  It too is a sworn or solemnly affirmed document.

In some cases, your lawyer may advise you to obtain people – witnesses – to also sign Affidavits in support of your case.  For example, teachers, neighbors, school bus drivers, employers, new partners, family members and so on.

In helping your lawyer prepare these documents, you will have to prepare notes or a summary of your life together as a couple and gather and review statements for your assets and debts including life insurance and other policies.

You may have to inform your employer of the situation and see if there will be any problem with you missing work due to Court.  Your employer may have an Employee Assistance Program (EAP) that offers counselling and other health services to help you cope with and manage the stress of going to Court after separation.

It may feel like the longest time while you wait for your first hearing as dates are often assigned many months after your lawyer files your Affidavit(s) and other documents collectively called pleadings.  Sometimes families struggle during this period because there are too many uncertainties or there is a lack of structure.  Conflict can erupt and emergencies arise requiring your lawyer to ask the Court for an ex parte Order or an immediate date for help.

If the waiting time does not result in conflict and chaos, then families simply do their best to work things out the best they can while they wait for a Judge to decide the issues.  Often times the lawyers involved help them to do so with letters between lawyers arranging a quick fix to serious problems until the Judge decides.

All for now.

Until Part 5!

Jennifer

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I am from Miramichi and graduated from UNB law in Fredericton in May 2004.  I was called to the NB Bar in June 2005.  I have been practicing almost 14 years and have been a partner with Murray Digdon & Donovan since 2007. I specialize in family law with additional focuses in wills and estates and real estate.  I have received the Pro Bono Award from the Canadian Bar Assoc. for my volunteer work.
This coming December, I will relocate my practice to 23 Avonlea Court under my own firm name of “J. Donovan Law Group”.  My boutique law firm will continue to provide exceptional family law services in the areas of litigation, mediation and collaborative law.

Most importantly, I am the proud mother of my 10 month old son, Aiyden.


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