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contested divorce.
A contested divorce occurs when the parties cannot resolve any of the key issues involved in their family law dispute. These critical issues include:
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spousal support
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child support
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child custody
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division of property and debt
Courts typically do not grant a divorce until these four issues are resolved. Therefore, these matters must be settled or adjudicated before a divorce can be finalized. If an agreement cannot be reached, the issues will need to be argued in court.
how do i proceed with a divorce that is contested?
If you are pursuing a contested divorce in British Columbia, here are the steps to follow:
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1. File a Notice of Family Claim
Begin the process by filing a Notice of Family Claim with the BC Supreme Court. This initiates the divorce proceedings.
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2. Serve the Notice
Once the Notice of Family Claim is submitted, it must be served on your spouse. Your spouse then needs to respond to the Notice of Family Claim or, if necessary, file a Counterclaim. You must respond to any Counterclaim filed by your spouse.
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3. Exchange Financial Statements
Both parties are required to file and serve Financial Statements. These statements include details about your income, assets, debts, and budget.
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4. Attend a Judicial Case Conference (JCC)
You and your spouse will attend a Judicial Case Conference (JCC). This is an informal hearing where a judge will try to help you resolve the issues.
5. ​Litigation and Trial
If a settlement cannot be reached at the JCC, the case will proceed to trial. During the trial, both parties present evidence to support their claims. The judge will then make a binding court order deciding the unresolved issues.​
avoiding a trial
​While trials are sometimes necessary, they can be costly, time-consuming, and stressful for you and your family. If you have children, trials can complicate co-parenting arrangements. At trial, a judge—a third party—makes crucial decisions about your family’s lives, including:
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Where your children will live
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When and where you can see your children
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The duration and timing of visits
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These decisions are set out in a court order, which can be difficult to change without returning to court. Non-compliance with the court order can result in serious legal consequences.​
why trials should be avoided
​Trials should be avoided whenever possible because they:
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Are expensive and time-consuming
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Cause significant stress for you and your family
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Make it difficult to maintain a cooperative parenting relationship post-trial
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Despite these challenges, there may be situations where a trial is unavoidable, such as when your spouse is determined to stay connected through litigation or when either party is being unreasonable or seeking vengeance. In these cases, it is crucial to have experienced legal representation to navigate the complexities of a contested divorce trial.
what are the next steps
Though it is not mandatory to retain a lawyer for your trial, it is generally recommended that you retain a lawyer for a trial since significant rights are at stake and self-represented litigants might not be fully averse with the intricacies of law and the legal procedure.
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At Legalbird, our team is composed of trial lawyers who have the specialized experience necessary to effectively conduct trials. While some lawyers, known as litigators, focus on negotiating settlements outside of court, trial lawyers are prepared to advocate for you in front of a judge if necessary. Many Family Law lawyers may rarely appear in court and often aim to settle cases without going to trial. If they can't reach a settlement, they might refer the case to a trial lawyer. To ensure that your case is handled with the highest level of expertise, it's important to engage a trial lawyer from the start.
