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
Founder
Andrew 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.
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Jeff Hart
Lawyer
Jeff obtained his Honours Bachelor of Arts degree in Classical Studies from McMaster University before attending law school at Queen’s. -
Daphna Schwartz
Lawyer
Location: Markham Daphna Schwartz joined Feldstein Family Law Group, P.C. in 2007 as an associate lawyer. She was previously ... -
Nick Slinko
Lawyer
Location: Vaughan Nick Slinko attended York University from 2003 until 2007 where he majored in both Law & Society and ... -
Anna Troitschanski
Lawyer
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, and division of property. -
Veronica Yeung
Lawyer
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. -
Shana Gordon-Katz
Lawyer
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.
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Rachel Zweig
Lawyer
Rachel joined Feldstein Family Law Group P.C as a Summer Student in 2019 and returned as an Articling Student in 2020-2021. ... -
Quinn Held
Associate Lawyer
Quinn spent two years as a Summer Student and then completed her Articling term at a boutique Family Law firm in Orangeville, ... -
Lauren Harvey
Associate Lawyer
Lauren joined Feldstein Family Law Group as a Summer Student in 2020 and returned as an Articling Student in 2021-2022. ...