Contested Vs. Uncontested Divorce in BC (online) - Zukerman Law

Contested Vs. Uncontested Divorce

Many individuals in British Columbia and the rest of the country may view divorce as a bitter and emotional battle. However, this may not always be the case. Some couples may generally agree on most divorce matters, resulting in an uncontested divorce.

In an uncontested divorce, also called an undefended divorce, the divorcing individuals will agree on issues involving parenting, dividing property and support. They can then file their forms with the court for approval by a judge without setting foot in a courtroom.

On the other hand, when the couple cannot agree on child custody, support or asset division issues, they instead enter into a contested divorce. In order to file for a contested divorce, one spouse must first file a Notice of Family Claim form, to which their former partner must respond with a Response to Family Claim Form. The judge later makes decisions about parenting and property division arrangements during a trial in court. This can often be more time-consuming and expensive.

In a contested divorce, there may be a waiting period before the case goes to trial. During this time, temporary interim orders can be made concerning matters of childcare and support.

An individual who is going through divorce has many options, and they may wish to speak with a lawyer experienced in family law in order to learn about them. A lawyer could also help their client to file the necessary forms in a timely manner and represent their client if a divorce goes to trial.