Going to Court vs. Going to Trial
Clear up the Confusion With Our Ontario Family Lawyers
Fewer than 5% of family law cases proceed to trial. But if you have filed paperwork with the court, you will be “going to court” in some sense, for introductory information sessions such as the Mandatory Information Program (MIP) session or a first appearance date, and for case conferences. You should not be overly intimidated by the idea of going to court. But you should attempt to avoid going to trial.
The family court is a relatively accessible place, and one whose aim is resolution between the parties. If you read our article on Going to Court in Ontario you will see the various stages that all family law litigants will go through after one party files an Application. You will see that the process allows for the parties to resolve their issues at any stage. Even if you are coming to court, you should not expect to engage in an adversarial process. A judge will attempt to help you and your spouse come to terms with the issues you are facing, and to explore possible ways of resolving your differences. It is likely that along the way you will be able to come to an agreement, and see that agreement finalized in a court order.
You will only end up going to trial if you and your partner absolutely cannot compromise. If you do go to trial, you each will have to present your case before a judge, along with all relevant evidence, calling any witnesses who you wish to have corroborate your version of the case. The judge will make an ultimate determination of how your matter should be resolved.
It is possible that you and your spouse could resolve more of the issues between you, such as property division and spousal support, but be unable to come to an agreement on one issue, such as child support. A trial may therefore be necessary on that one discrete issue.
Will your separation be handled in court, or will your case go to trial? Talk to an Ontario separation lawyer at Feldstein Family Law Group P.C. to learn more. Call (905) 581-7222!
Meet Our Dedicated Team of Lawyers
Over a Century of Collective Experience
-
Andrew Feldstein FounderRead BioAndrew Feldstein graduated from Osgoode Hall Law School in 1992. Prior to focusing exclusively on family law, Andrew’s legal practice covered many different areas, including corporate commercial. One of Andrew’s fundamental objectives is to achieve those goals mutually and collaboratively, as set out by him and his client.
-
Daphna Schwartz LawyerRead Bio
Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously practising family law in the Barrie area. Her practice includes all areas of divorce and family law, including custody and access, child support, spousal support, and property issues. Daphna is also qualified to practise Collaborative Family Law.
-
Anna Troitschanski LawyerRead Bio
Anna Troitschanski joined the team at Feldstein Family Law Group, P.C. in 2012. Prior to that, she practised Family Law at a boutique Newmarket firm. Her experience covers all areas of divorce and family law, including custody and access, child support, spousal support, division of property, and alternative dispute resolution.
-
Nick Slinko LawyerRead Bio
Nick Slinko attended York University from 2003-2007 where he majored in both Law & Society and Philosophy. Nick graduated in 2007 with an Honours Bachelor of Arts degree. He proceeded to earn a Juris Doctor in Law at the University of Western Ontario in 2011. Nick was Called to the Bar in June of 2012 after completing his Articling term.
-
Veronica Yeung LawyerRead Bio
Veronica Yeung joined the Feldstein Family Law Group, P.C. as a summer student in 2014 and returned as an articling student in 2015. Following her call to the Ontario Bar in June 2016, Veronica was welcomed to the team as an associate lawyer. Veronica attended York University for her undergraduate studies and was on the Dean’s Honour Roll.
-
Shana Gordon-Katz LawyerRead Bio
Shana joined Feldstein Family Law Group P.C. as an articling student in 2017. Following her call to the Ontario Bar in June 2018, Shana was welcomed back to the firm as an associate. While completing her articles, Shana assisted with legal matters covering all areas of family law. Shana attended the University of Western Ontario.
-
Rachel Zweig LawyerRead Bio
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. Following her Call to the Ontario Bar in April 2021, Rachel was welcomed back to the firm as an Associate. Rachel completed her legal studies and obtained her Juris Doctor at the University of Ottawa.
-
Lauren Harvey Associate LawyerRead Bio
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. Following her Call to the Ontario Bar in April 2022, Lauren was welcomed back to the firm as an Associate. Laura completed her legal studies and obtained her Juris Doctor at the University of Western Ontario.
-
Quinn Held Associate LawyerRead Bio
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, where she was exposed to various complex Family Law matters. Following her Call to the Bar of Ontario in June 2022, she became an Associate with the Feldstein Family Law Group.
-
Kyla Johnson Associate LawyerRead Bio
Kyla joined Feldstein Family Law Group P.C as an Articling Student in 2023. Following her Call to the Ontario Bar in April 2024, Kyla joined the team as an Associate. Prior to completing her legal studies and obtaining her Juris Doctor at the University of Ottawa, Kyla graduated from Queens University with a Bachelor of Arts with Honors.
