Many people dread the idea of litigating, and with good reason. From filing a complaint to going to trial and possibly having to appeal, the process can take months or even years. It can be messy and downright stressful. In many cases, it may be more strategic and financially sound to avoid litigation altogether.
It is common for the time between the submission of an application and the final hearing to be in the order of 2 years or more. During that time, children's needs change, the value of assets may change, work circumstances may change, and the personal circumstances of the parties may change. Each of these circumstances may require updating tests, which means that costs increase. Financially, customers “get stuck” waiting for a hearing and, once the hearing takes place, there is usually a delay or months or sometimes years of waiting for the decision.
The delay causes many clients to miss opportunities, whether in employment, in investment or in their personal lives, because litigation takes a heavy toll. In those matters, swift and firm action is required and, unfortunately, despite my reasons to avoid it if possible, litigation remains an important part of daily practice as a family lawyer.
