How to Strategically Litigate Family Law Cases

This webinar provides a strategic framework for managing family law litigation more efficiently from the outset of a file through to trial preparation. Drawing on the civil procedure rules, the session walks through why strategic litigation matters, how to structure a case from the very beginning, and how to use the first thirty days of intake to develop a legal and factual theory, secure evidentiary records, and identify the procedural steps the case will require.

The webinar covers the practical mechanics of family law litigation: assessing urgency, framing pleadings so that facts connect clearly to the relief sought, selecting and timing interim motions, and right-sizing each motion to deliver concrete results without exhausting client resources. Significant attention is given to disclosure — identified as the core of family law cases and the source of most disputes around support, equalization, valuation, and tracing — including how to handle incomplete or inconsistent disclosure, when to ask for particulars, how Rules 19 and 20 and questioning fit into the strategy, and when retaining a business evaluator becomes appropriate. Throughout, the session emphasizes integrating settlement discussions at every stage, the strategic use of Rule 17 case conferences as an alternative to motions, and transparent communication with both the client and opposing counsel.

Topics Covered

1. Why strategic litigation matters — The role of the civil procedure rules, Rule 2's primary objective of dealing with cases justly, and the importance of active case management and identifying issues early.
2. Structuring the case from the outset — Building a legal theory and a factual theory, mapping evidentiary records, identifying pressure points, and laying out the sequence of procedural steps.
3. The first thirty days: intake and file security — Securing the file, identifying immediate financial basics, locating evidentiary gaps, anticipating the need for business evaluators, and using opinion letters to manage client expectations.
4. Assessing urgency and framing the application — Distinguishing high-urgency matters such as child safety and support interruption, deciding when a motion may proceed without notice, and communicating with opposing counsel before commencing the application.
5. Drafting strong pleadings — Connecting background facts to the relief sought, organizing facts under subtopics such as divorce, support, and equalization, addressing inconsistencies in client recollection, and reflecting issues the parties have already been able to cooperate on.
6. Temporary support and parenting motions — Centering the best interest of the child, keeping financial statements current within the required timelines (thirty days prior to motion, ten days prior to trial), and documenting allegations such as domestic violence with dates and third-party sources.
7. Other high-impact interim remedies — Exclusive possession of the matrimonial home, preservation and non-depletion orders, and restraining orders, including when these are better addressed through Rule 17 case conferences than through motions.
8. Right-sizing motions and timing the relief — Identifying the right-sized motion, recognizing what is too early or too broad, breaking relief into smaller targeted chunks, and weighing the cost consequences of bringing undisputed issues forward together with disputed ones.
9. Disclosure: the core of family law litigation — Disclosure as it relates to support, equalization, valuation, tracing, property history and sources of funds, credibility, asking for particulars, the use of Forms 13/13.1/13A, Rules 19 and 20, questioning, and the role of business evaluators.
10. Settlement strategies throughout the case — Integrating settlement discussions at every stage rather than reserving them for the eve of trial, using offers to settle effectively, and signaling next steps to opposing counsel when settlement does not occur.