Do you find yourself considering a contested divorce?
Divorces can be very difficult and an emotional time. Many couples hope to part ways with an uncontested divorce that occurs outside of the courtroom, and at a reduced cost, but this is not always an option. The fact is, not every divorce ends amicably, and most divorces in Canada actually require the support of an attorney and a legal process to resolve key issues.
If you believe your spouse may not be able to come to terms of agreement concerning all the important issues in the dissolution of the marriage, such as child custody, or the division of marital property and debt, we can help. Pax Law family lawyers are experts in handling contested divorces with compassion, while keeping your interests and those of any children foremost.
We have the experience and knowledge to guide you through every step of your divorce and help you reach the best possible outcome. We are here to support you every step of the way.
Contact us today to schedule a consultation!
A divorce can be contested or uncontested. Uncontested divorces are the ones in which the couple does not have any children or if they do have children, they have prepared a fully executed separation agreement. Uncontested divorces can take about 6 months and there is no time limit on the contested divorces meaning that they can take years to get resolved.
Contested divorces are charged per hour, and at our law firm, depending on the lawyer you choose, the hourly fee can be between $300 to $400.
Unless you have a lot of time to research, we do not suggest you file for a contested divorce by yourself. Contested divorces are heard at the Supreme Court of British Columbia, and the processes involved are complicated. You will need to prepare legal documents such as a Notice of Family Claim or a Reply to the Notice of Family Claim, go through the discovery process, including document disclosure and conducting examinations for discovery, make chamber applications when necessary, and possibly conduct a trial before you receive your divorce order.
There is no maximum time length. Depending on the complexity of your case, the level of cooperation from the opposing party, and how busy your local court registry is, it can take one year to a decade to obtain your final divorce order.
Usually, each party to a divorce pays their lawyer fees. Other fees, such as court filing fees, could be split between the two parties or paid by one.
Usually, each party to a divorce pays their own lawyer fees. When other fees are incurred this can be split between the two parties or can be paid by one party.
A contested divorce is when two spouses cannot agree on matters that must be decided, such as parenting time, parenting arrangements, division of assets and debts, and spousal support. In such a case, the parties have to go to the superior court of a province (the Supreme Court of British Columbia in BC) to have a judge decide on the points of contention between them.
In Canada, the Divorce Act allows any party to a marriage to file for divorce after one year of separation. There is no way to force someone to stay married to their spouse.
In Canada, you do not need your spouse’s consent or help to obtain your divorce order. You can initiate the divorce court process independently and obtain a divorce order, even if your spouse does not participate. This is called obtaining an order in an undefended family proceeding.