Surrey Contested Divorce Lawyers
Compassionate Contested Divorce & Family Services in Surrey, BC
A contested divorce arises when spouses are unable to agree on one or more of the essential legal issues required to end their marriage. In British Columbia, these issues typically include:
- Spousal support
- Child support
- Parenting arrangements (custody and access)
- Division of family property and debt
Under the Family Law Act and Divorce Act, a divorce cannot be finalized until all of these matters are resolved, either by mutual agreement or through a court decision. When negotiation or mediation fails, these disputes are brought before a judge, and the divorce becomes part of a formal litigation process.
Contested divorces are often more complex and time-consuming than uncontested ones, but they are sometimes necessary to ensure a fair and legally sound outcome—especially when there is a power imbalance or a history of conflict. At Legalbird, our family lawyers help clients navigate the challenges of contested divorce with clear legal guidance and strategic representation at every stage.
Steps to Take When You Are Involved in a Contested Divorce
If you are going through a contested divorce in British Columbia, the process involves several formal legal steps. Each stage is designed to help identify the issues in dispute, encourage resolution, and, if necessary, allow the court to make a binding decision. Here is what to expect:
1. File a Notice of Family Claim
The process begins by filing a Notice of Family Claim in the Supreme Court of British Columbia. This document outlines your claims for divorce and any related relief, such as parenting time, support, or division of property.
2. Serve Your Spouse
Once filed, the Notice of Family Claim must be properly served on your spouse. This means they receive a formal copy of the claim. Your spouse then has the opportunity to respond by filing a Response to Family Claim, and if needed, a Counterclaim. You must also respond to any Counterclaim they file.
3. File and Exchange Financial Disclosure
Both parties are legally required to complete and exchange Form F8 Financial Statements, disclosing income, expenses, assets, and debts. Full and honest financial disclosure is a critical part of resolving contested issues like spousal support, child support, and property division.
4. Attend a Judicial Case Conference (JCC)
Before the matter proceeds further, you will typically attend a Judicial Case Conference (JCC). This is a confidential meeting with a judge that encourages early settlement and helps clarify which issues are still in dispute. You cannot schedule a trial date until a JCC has taken place, unless special permission is granted by the court.
5. Prepare for Litigation and Trial
If no agreement is reached through negotiation or at the JCC, the case may proceed to pre-trial steps such as discovery, and ultimately to trial. During trial, both sides present evidence and make legal arguments. The judge will issue a final decision on the unresolved matters, and the divorce can then be granted.
Why Avoiding Trial in a Contested Divorce Is Often the Better Option
Although trial is sometimes unavoidable in contested divorces, it should generally be considered a last resort. Court proceedings can be expensive, emotionally draining, and lengthy. For families with children, a trial can place additional stress on co-parenting relationships and create long-term challenges.
One of the most important reasons to avoid trial is the loss of control. When a case goes to court, a judge—someone who does not know your family personally—will make legally binding decisions that affect:
- Where your children will live
- How parenting time is shared
- The schedule and conditions of visits
These outcomes are formalized in a court order, which carries legal weight and can be difficult to change. If circumstances shift later on, you may need to return to court and file an application to vary the order. Failing to comply with a court order can result in serious consequences, including fines or enforcement actions.
For these reasons, it is often in your best interest to resolve disputes through negotiation, mediation, or the Judicial Case Conference (JCC) process, where possible. These approaches can help you reach a fair outcome while maintaining flexibility, privacy, and greater control over your future.
Why It Is Often Better to Avoid a Divorce Trial
Going to trial during a contested divorce is rarely the most efficient or productive path forward. In most cases, it is in your best interest to resolve disputes outside of court through negotiation, mediation, or other collaborative processes. Divorce trials should be avoided whenever possible because they:
- Involve significant legal fees and time commitments
- Create emotional stress for everyone involved, especially children
- Often damage the ability to co-parent effectively after the divorce is finalized
Even with these risks, some situations leave no alternative but trial. This may happen when one spouse refuses to engage in meaningful resolution, acts out of anger or retaliation, or uses the court process as a way to stay connected or exert control. In such cases, the involvement of a judge becomes necessary to ensure that the legal process moves forward and that a fair outcome is reached.
If trial becomes unavoidable, having a strong legal advocate is essential. A family lawyer who understands the nuances of contested divorce litigation in British Columbia can protect your rights, present your case clearly, and help you navigate the court process with confidence.
Work with Experienced Family Lawyers for Your Contested Divorce
While it is not legally required to have a lawyer represent you at trial, doing so is strongly recommended—especially in a contested divorce. Your parenting rights, financial security, and long-term wellbeing may all be on the line. Without legal training, it is easy to make procedural or strategic errors that can have lasting consequences.
At Legalbird, we are not just negotiators—we are trial lawyers. Our team has the courtroom experience needed to represent you effectively if your case proceeds to trial. Unlike some family law lawyers who focus exclusively on out-of-court settlements and may rarely appear before a judge, we are fully prepared to advocate for you in court when necessary.
Choosing a family lawyer who is comfortable and capable in both settlement negotiations and litigation ensures continuity, strategy, and confidence throughout your case. From the outset, we provide clear guidance tailored to your goals—whether that means avoiding trial or standing your ground in court.
If your divorce is likely to be contested, speak with our team today to protect your rights and plan your next steps with clarity.