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Family Law

Family Law disputes can be emotionally challenging. Deol & Nagpal’s experienced lawyers realize that, losing one’s most important asset in life called family is stressful. Anyone involved in a matrimonial matter need to be handled with understanding and compassion. We at Deol & Nagpal Law Firm understand the sensitivity of the issues and resolve them with intellectual solutions, which may vary depending upon the nature and circumstances of every case.

 

Divorce

 

Married couples need to get divorced to get remarried

Married couples do need to get divorce to get remarried. There is a statutory requirement of one calendar year separation, in order for parties to obtain a divorce. The married couples may have several Legal rights, which are different from unmarried couples and such rights should be discussed in detail with a competent lawyer before proceeding in any manner.

 

Parenting Plans:

 

How the children are cared for after separation

It is very important that the children of the marriage shall have a proper parenting plan at the time of separation of the couple. There could be different kinds of custody and access arrangements between the parents. The custody could be either “sole”, “joint” or “shared” custody.

 

Child support

 

It is an absolute and no exception liability of the non custodian parent

It is an absolute liability of the non custodian parent to pay child support for the children. The child support is meant to cover food, shelter and clothing for the children; all other expenses are called special and extraordinary expenses. The amount of child support is based on the gross income and may be calculated by clicking here http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp

The court is not the only way of resolving the matrimonial issues; such issues may also be resolved without going to the court in one of the following ways. Also, these alternatives are quick and inexpensive.

 

Mediation:

 

Involving a neutral third party to assist

Both the parties in litigation may involve a neutral third party to assist the litigants to reach a commonly acceptable conclusion. There are qualified and competent mediators, who provide paid services to help parties resolve their issues, without going to the court. However, it is required that both the parties shall consent for Mediation, before the mediaition is initiated.

 

Collaborative Law:

 

An attempt to resolve the issues with competent legal representation

Both parties may hire their own Lawyers to assist the parties in resolving their issues by way of collaborative law, both parties need to agree and sign a participation agreement. The Parties with their Lawyers participate in series of meeting and try to reach an agreeable conclusion. It is possible that parties may agree on all the issues in the very first meeting or it may take longer. However, acting diligently and using collaborative law may help parties to resolve their issues in a speedy and cost effective manner.

 

Arbitration:

 

Costly but speedy process

Arbitration is akin to the adversarial (court) System and the orders made in arbitration are binding upon all the parties involved in a matter. It is like hiring your own private court. The arbitrators are mostly the retired Judges or senior Lawyers, who are qualified to be the Arbitrators. In this kind of arrangement, both the parties need to pay their Lawyers and also share the cost of arbitrator. It is a speedy process; one can secure early dates and have speedy Trial, which is in fact more expensive.

 

Adversarial system

 

Court System

The Parties involved in court system may opt to resolve their disputes by opting to one of the alternate means, such as mediation, Collaborative Law or Arbitration. However, they may proceed with the court system, which is lengthy and time consuming. A diligent lawyer shall make his/her client aware of the available resources. If you are in court, does not mean that you cannot proceed with alternate means.