Is Going To Court Necessary To Divorce In BC? - Zukerman Law

Is Going To Court Necessary To Divorce In BC?

If you are going through divorce in British Columbia, then you are undoubtedly facing a variety of difficult decisions. These tend to relate to the division of matrimonial property, child custody, child support and spousal support. Often divorcing or separating spouses want to know if it is necessary for them to go to court, and the answer is no, but there are cases in which going to court is the best option.

If you and your spouse are able to negotiate to reach an agreement, then you may be able to avoid going to court, which can be time-consuming and costly. It is nonetheless a good idea to get a divorce agreement in writing.

Verbal agreements can leave much ambiguity, and a family lawyer can help you avoid future disputes by writing an agreement that will stand up to scrutiny. You can also seek a court order that reflects what you and your spouse have agreed upon.

In any case, it is a good idea to have a divorce lawyer on your side to protect your interests.

The nature of court places divorcing spouses in adversarial positions. Going to court may be necessary, however, if you and your spouse are unable to agree on matters of support or custody and access. Disputes over matrimonial property, such as the family home, may also be settled by a judge. If domestic violence is an issue, then the court may need to intervene to protect one party from the other.

At Zukerman Law Group, we help family law clients resolve their disputes in and out of court. You can learn more about our legal practice by visiting our family law overview.


Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.