When the parties cannot reach a consensus on some or all of the divorce terms, this is known as a contested divorce in Canada. The courts are then responsible for resolving any disagreements that may arise. The specifics of spousal and child support, custody arrangements, and the distribution of assets are usually at the center of these arguments.
During a contested divorce, the parties present their respective positions on the problems at hand. The courts then proceed to have a series of hearings to decide how each issue will be handled to their satisfaction. A disputed divorce may be resolved by various means, including divorce mediation, arbitration, the use of a separation agreement, or the use of the official divorce procedure order.
You must seek the advice of a divorce attorney who will fight to defend your rights if you and your spouse cannot reach a contested divorce. If you are looking for a divorce attorney in British Columbia, please get in touch with us at Solutions Family Law Group. Our skilled and experienced divorce attorneys will evaluate your case and work relentlessly to ensure you achieve the most favorable solution possible.
Key Differences Between Contested and Uncontested Divorce
It’s a common fact that a contested divorce is more costly and time-consuming than an uncontested divorce. This is because a contested divorce requires the parties to spend more time in court while incurring more legal costs and expenditures. On the other hand, an uncontested divorce is often less expensive than a contested one. This type of divorce in Canada doesn’t need any court hearings, and in certain cases, there is also no need to employ a lawyer.
The parties have influence over the result of the divorce and make choices jointly in the event that the divorce is not challenged (uncontested type). During a disputed (contested) divorce, the parties do not have any impact on the result of the proceedings. The judge is solely responsible for deciding the verdict. Because the result is ultimately beyond their control, spouses are left with very little or no voice in the matter.
The Legal Process of a Contested Divorce
Here are the five steps for a contested divorce in BC, Canada:
- To start the process of getting a divorce, you need to submit a petition for divorce, even if you believe that you may be able to resolve the issues before going to court
- Make sure that the Petition for Divorce and any other necessary paperwork are prepared and submitted
- Take the steps needed to ensure that your spouse is personally served with the paperwork
- Make sure you keep track of the amount of time that your spouse needs to provide an answer. The next step is to create a second set of papers and submit them
- If you are unable to come to an agreement about the problems at hand, the case will be taken to trial – Divorce Court Process – where a judge will determine the issues
Common Issues in Contested Divorces
The problems that need to be settled in a contested divorce are more intricate than those in an uncontested divorce. That is why the resolution process for a contested divorce takes longer and is more difficult. Because there is no need for several court appearances, the legal actions associated with an uncontested divorce are often less cumbersome and cost less money.
The most important fact about a contested divorce is that the outcome (verdict) is unpredictable; the family court settles the matter in contested divorces. We always recommend an uncontested divorce to our clients when there are no arguments between both parties. You pay less money, and the paperwork is much less expensive in these divorces. Child custody, spousal support, and child support are among the common issues in a contested divorce.
Pros and Cons of Contested Divorce
The most significant advantage of a contested divorce is that it gives you the opportunity to consider the essential aspects of your divorce carefully, as opposed to just signing an agreement without any consideration. It also allows both parties to express their thoughts openly without fear of repercussions.
If, on the other hand, your divorce is contested, the judge will be the one to make the ultimate judgment on the result of your divorce. The judge will base their decision on the facts that are presented. In addition, a contested divorce paperwork often lasts longer and costs more money than a contested one. It is crucial to note that court fights are frequently emotionally draining, and the fact that the conclusion is unknown may cause worry. This is the most significant disadvantage of a contested divorce.
Solutions Family Law Group
Being represented by a divorce attorney who has years of expertise may make all the difference in the court. The services our lawyers provide you are priceless. Our family lawyers understand the intricate legal system, safeguard your rights, and ensure that all of your concerns are answered throughout the process of getting a divorce.
FAQs
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1- Can I settle a contested divorce out of court?
Yes. There are some ways, like divorce mediation (family mediation), arbitration, and negotiation. Choosing the most appropriate one depends on your situation.
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2- How much does a contested divorce cost?
A contested divorce may cost you about 15,000 CAD. If your case needs to be presented in court, it will cost about 60,000 CAD.
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3- How long does a contested divorce take?
It may take from months to years.
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4- Can I get a divorce in BC without a lawyer?
In case your divorce is uncontested and representing in court is not required, your divorce may be managed without a lawyer. In a contested divorce, a family lawyer is required.
