Sometimes, it is necessary to commence a court action. If one spouse commences a court action, then the other spouse has no choice but to partake in this court action.
Even after a court action is commenced, ordinarily, there are meaningful opportunities to settle the case along the way before the final court step – trial.
There are often many steps before trial – the First Appearance, Case Conference, Motion, Settlement Conference, Trial Management Conference, Trial Scheduling Conference, then Trial.
The court process itself is not overly expensive. At the Superior Court of Justice and the Unified Court of Justice, there are filing fees. There are no filing fees at the Ontario Court of Justice. The parties do not have to pay for the judge’s time or the court’s time.
The expense with partaking in a court action is mainly attributed to legal fees – the cost of paying a lawyer to prepare necessary court documents, prepare for court, and attend court.
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