The Best Option for You
Getting Legal Advice
Do I need a lawyer?
If you are separated or thinking of separating, it is a good idea to speak to a lawyer so that you understand your rights and responsibilities before you make important decisions, such as who will have custody of the children, how much you or your children's other parent should pay in child support, and how to divide property.
A lawyer can give you specific information about the law and how it might affect you. Once you know what your rights and responsibilities are and have a good idea of what decisions have to be made, you can determine whether you want to hire a lawyer to help you.
Remember, however: hiring a lawyer does not mean that you will have to go to court to resolve your separation issues. In fact, most separating and divorcing couples never go to court. If you hire a lawyer, he or she will be able to explain your options and advise you on which option is best for you. These options might include:
- Negotiating with your former spouse or his or her lawyer to resolve custody, support and other issues.
- Working with your former spouse and a mediator to develop a fair and mutually acceptable separation agreement.
- Agreeing to a process - called collaborative law - where you and your lawyer, and your former spouse and his or her lawyer, make a formal commitment to resolve disagreements outside the court process.
- As a last resort, going to court to ask a judge to decide on such issues as child custody and support.
If the best option for you is court, you can choose to have a lawyer represent you or you can choose to represent yourself. If you decide to represent yourself in court, it is still a good idea to get legal advice to make sure you understand what information the judge will need in order to make a decision in your case, and what the impact will be of any court orders made by the judge.
A lawyer can also provide you with information about programs and services available in your community that may be able to help, including counselling services for you and your children.
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