When a court makes a final order and a party perceives denial of procedural fairness or bias, the decision can be appealed to a higher court for review. Appeals can be brought based on material errors in fact, errors of law, errors of mixed fact and law, or based on the perception of a judge misusing their discretion. To learn about how Stephen Durbin and Associates can assist you in evaluating, preparing, and arguing your family law appeal, feel free to contact us today to schedule an initial consultation.
Arbitration is another form of alternative dispute resolution. Different to mediation, where the parties are assisted by a third party to come to an independent agreement, arbitration instead confers the power of a judge to the privately retained third party decision-maker. Subject to the governing law, the arbitrator dictates their own procedural rules and timelines, and schedules hearings for parties in a manner akin to court proceedings. Arbitration generally occurs in a private office or law firm. The benefits of arbitration include shorter timeframes for resolution, fewer delays than court, the ability to select an arbitrator with specialized expertise in an area and avoiding having to expose private details in the public record. It often comes at a significant additional cost. Parties will most often use a combination of mediation and arbitration, with the same third party presiding over both to be most cost effective. As a matter of policy, Stephen Durbin and Associates strives for timely and cost-effective resolution of all matters. To learn about Stephen Durbin and Associates’ experience in representing clients in arbitration, or other alternative dispute resolution proceedings, contact us today to schedule an initial consultation.
Case Assessment and Legal Opinions
Many individuals may wish to reopen a closed matter, vary a court’s order because of changing circumstances, or obtain assistance in interpreting various provisions of a separation agreement or court order. Case assessment provides assistance in evaluating the strength of a family law claim that one may wish to make against another person, advising whether one can vary a court order or separation agreement because of a change in circumstances, and interpreting various provisions of a court order or separation agreement. As a matter of policy, Stephen Durbin and Associates provides thorough case assessments and legal opinions with clarity to help ascertain whether a matter is worth pursuing. For those wishing to obtain a legal opinion as to their particular rights or the validity of their potential claims, feel free to contact Stephen Durbin and Associates today to schedule an initial consultation.
Counsel facilitated Negotiation
Most family law issues can be resolved by like-minded, resolution-oriented counsel. Lawyers who are well-versed in family law can view their clients’ situations objectively, foresee the likelihood of success for each potential claim in court, and negotiate a reasonable settlement. Counsel facilitated negotiation is generally the most cost-effective and secure means to reach the terms of a domestic agreement. As a matter of policy, Stephen Durbin and Associates strives to make all interactions between the parties cost-effective, secure, and amicable. To learn more about how Stephen Durbin and Associates’ counsel facilitated negotiation can resolve your case, feel free to contact us today to schedule an initial consultation.
Individuals entering into relationships with complex finances, possessing significant assets, or who may receive significant assets during the relationship (such as an inheritance or assistance in buying property), may wish to protect themselves from later being required to share the increases in value of those assets. To that end, Stephen Durbin and Associates can assist parties in drafting domestic contracts (including pre-nuptial and postnuptial marriage contracts, cohabitation contracts, and separation agreements) to ensure that the parties’ intentions are properly set out. To learn how a domestic contract can be of benefit to you, feel free to contact Stephen Durbin and Associates today to schedule an initial consultation.
Independent Legal Advice
Independent legal adviceis a foundational element in creating a strong domestic contract. This involves a lawyer reviewing a domestic or other agreement between two parties and advising one party how the terms of the agreement support their legal rights and entitlements. After providing independent legal advice, the lawyer will prepare and execute a certificate acknowledging that the service was provided, the client’s rights were explained, that the client was not under any undue influence, and that the client understood the terms being agreed to. As a matter of policy, Stephen Durbin and Associates strives for clarity of procedure and strategy when providing legal advice.To learn more about Stephen Durbin and Associates’ ability to assist you with receiving independent legal advice, feel free to contact us to schedule an initial consultation.
Family law is the area of law governing the formation and dissolution of families. It is frequently referred to as matrimonial law or divorce law. Family lawyers assist families with adoptions; child custody (such as decision-making and timesharing of children) and other parenting matters; child support; spousal support and the division of property following a separation; and those entering into a marital or cohabitation relationship. These issues are often assessed, and ultimately resolved, by a lawyer creating contracts that will protect the parties’ respective property ownership and delineate support if the parties later experience a breakdown of that relationship. Preferably, family law matters are resolved outside of court through negotiation or alternative dispute resolution, although sometimes court is unavoidable. Whether negotiating or litigating a matter, the field of family law is complex and better navigated with the assistance of experienced counsel. Stephen Durbin and Associates can assist with any family law matter, as further detailed below.
Litigation is the process through which parties resolve their family law matters in court. This should be seen as a last resort in family law. A court matter is initiated when one party issues and serves a court application. Generally speaking, following the exchange of a series of initiating documents, the parties to a family law matter attend a case conference wherein a judge provides feedback on each party’s respective position on specific issues and attempts to assist in negotiating a settlement. Following the case conference, parties can begin filing motions for various forms of relief, including child and spousal support, parenting time with children, and the disposal of family property. In special circumstances, such as certain legal issues or issues requiring urgency, the litigation may proceed on a different timeline or follow different processes. If a matter does not settle during the litigation, it goes to trial. As a matter of policy, Stephen Durbin and Associates strives for clarity of procedure and strategy throughout your case and endeavours to resolve your matter in a timely and cost-effect manner. To find out more about how Stephen Durbin and Associates can assist you with a court matter and litigate on your behalf, feel free to contact us today to schedule an initial consultation.
Mediation is an alternative means of dispute resolution that is frequently recommended and used in family law matters. With their lawyers or on their own, parties make use of a neutral mediator. This mediator acts as a negotiating conduit for parties to reach an agreement and set this agreement out in proper form with the assistance of counsel. Mediators are sometimes family law-trained lawyers. We suggest you consult with us prior to entering into this process, as it may not be necessary and could be cost-prohibitive. To learn more about alternate dispute proceedings, and how Stephen Durbin and Associates can assist you by mediating your case, feel free to contact us today to schedule an initial consultation.