What is a Contested Divorce?
Contested Divorce simply means that you are not able to resolve all of the 5 main issues which need to be resolved before being able to obtain a divorce. These are:
Courts generally do not allow you to divorce without resolving any of the five issued mentioned above. Those need to be settled or decided upon before getting a divorce. If you cannot settle your issues, you will need to claim and argue them through the Courts.
How to Resolve a Contested Divorce in BC
Step One
This is usually done through filing the Notice of Family Claim with the BC Supreme Court. This form asks you what the divorce issues are, and you will need to complete the Schedules which apply to your case.
For example, if you and your spouse have property together, you need spousal support, or if there are children, you would need to claim all five issues if those have not already been settled.
Step Two
Once you have submitted your claim and complete the form, you will need to have the documents served to your spouse. He or she will then have to respond to your claim, perhaps filing his or her own counterclaim, seeking any of the five items that apply to his or her case.
Step Three
Following that, both you and your spouse will need to file and serve Financial Statements. This is required so that the judge has a clear understanding of your finances, and abilities to divide property and/or pay spousal and child support.
Step Four
Finally, you and your spouse will need to attend what is called a Judicial Case Conference in which a judge will sit with you and your spouse (and your lawyers), in an informal setting in an effort to try and settle your issues. If a settlement cannot be reached, then litigation continues and ends with a trial.
Contested Divorce and Trial
If all else fails and you end up having to go to trial, you will have to:
- explain to the judge what the issues are
- prove the property and debt and its values
- show proof of incomes
- and state each of your abilities to care for your children, etc.
Contest Divorce Trial Length
Trials are intensive, traumatic at points and very lengthy. The average length of a trial is 5 to 25 business days, as you will need to explain all facets of your life to a judge and prove all the points you want to be recognized in court. It is not as simple as you may imagine it to be.
Cost of a Family Law Trial
If a settlement cannot be reached, depending on your case, the costs of a family law trial with the assistance of a lawyer can range anywhere between $30,000 to $500,000 or more.
Trials should be avoided at all costs, however, you may find yourself in a situation that leaves with you no alternative but to go to trial. Instances when this could happen would be when your spouse wants to stay connected with you through litigation, or if you or your spouse are being unreasonable and consumed with vengeance, etc.
Why You Need a Divorce Lawyer in Vancouver
Trials need lawyers because a judges’ responsibility is not to provide you with legal advice, and they are often dismayed at the disorganization and lack of legal knowledge when self-represented litigants try to do it themselves.
Our advice? Just avoid trials. We don’t like them either. If not, at least consult with a family lawyer at all stages to ensure you obtain what you deserve. Often times, saving on trial costs can end up costing you more in terms of losing assets or custody because you did not know what to argue or how to properly present your case to the judge.
To contact our award-wining Vancouver family lawyers to set up a consultation, call us at 604-974-9529 or submit a contact form.