A contested divorce happens when spouses cannot agree on important issues like property division, child or spousal support, or parenting arrangements. Unlike uncontested divorces, these cases often involve court appearances and can take longer to resolve. In British Columbia, the process includes filing a claim, exchanging financial disclosure, attending conferences, and sometimes going to trial. Because of the legal and financial complexity, working with a family lawyer is strongly recommended. Align Family Law supports clients across BC with litigation, negotiation, and collaborative approaches to resolve disputes effectively and protect their interests.
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Going through a divorce is never easy, but when both spouses cannot agree on key issues, the process becomes more complex. This is known as a contested divorce. At Align Family Law, with offices in Victoria and Kimberley, our lawyers help individuals across British Columbia understand their rights and navigate difficult divorce proceedings with clarity and care.
In this blog, we’ll explain what makes a divorce contested, how it differs from an uncontested divorce, and what to expect if you find yourself in this situation.
What Does “Contested Divorce” Mean?
A contested divorce happens when spouses do not agree on one or more key terms of the divorce, such as:
- Division of property and debt
- Parenting time and decision-making responsibilities (formerly known as custody and access)
- Spousal support
- Child support
Unlike an uncontested divorce, where both parties have reached an agreement and simply need the court to finalise it, contested divorces often require court appearances, legal negotiations, and in some cases, a trial.
Why Do Divorces Become Contested?
Disagreements during divorce are common, especially when:
- There is a history of conflict or mistrust
- One spouse feels the financial split is unfair
- Parenting arrangements are unclear or disputed
- A party is not disclosing assets or income
- There are complex property or business interests involved
At Align Family Law, we understand that every relationship is different. Our lawyers are trained in both traditional litigation and collaborative law, allowing us to tailor our approach based on your needs. For some clients, we may recommend alternatives to court, such as mediation or negotiation.
The Legal Process for a Contested Divorce in BC
Here is a simplified overview of how a contested divorce generally proceeds in British Columbia:
- Filing the Notice of Family Claim: One spouse (the claimant) starts the process by filing this legal document with the Supreme Court of BC.
- Response: The other spouse (the respondent) files a Response to Family Claim, outlining their disagreements.
- Exchange of Documents: Both parties exchange financial documents and other relevant information (called disclosure).
- Case Conferences and Hearings: The court may schedule conferences to see if the matter can be resolved before trial.
- Trial (if necessary): If no agreement is reached, a judge will make final decisions on the contested issues.
How Long Does a Contested Divorce Take?
Because it involves more steps and court time, a contested divorce usually takes longer than an uncontested divorce. Factors that can impact the timeline include:
- Complexity of financial or parenting disputes
- Whether both parties are willing to negotiate
- Court availability and scheduling
- Whether lawyers or experts (e.g. parenting assessors, valuators) are involved
Our lawyers at Align Family Law work to resolve disputes efficiently and fairly. Whenever possible, we seek solutions that avoid trial while still protecting your interests.
Do I Need a Lawyer for a Contested Divorce?
While it’s legally possible to represent yourself, it is strongly recommended to work with a family lawyer if your divorce is contested. These matters often involve complex legal rules, emotional challenges, and high financial stakes.
At Align Family Law, we offer compassionate guidance through each stage of the process. We will ensure that your rights are protected and that you understand your options clearly, whether you choose negotiation, mediation, or litigation.
Collaborative Divorce as an Alternative
Some couples may wish to resolve their issues outside of court using a collaborative process. If this interests you, we encourage you to visit our page on collaborative family law and learn how this method can reduce stress and conflict.
Talk to a Divorce Lawyer in British Columbia
If you are going through a separation or anticipate that your divorce may be contested, the team at Align Family Law is here to help. With offices in Victoria and Kimberley, we support clients across BC with experienced, thoughtful, and practical legal advice.
Visit our Divorce or Separation pages for more information, or contact us today to schedule a consultation.
Frequently Asked Questions
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What makes a divorce contested in British Columbia?
A divorce is contested when spouses cannot agree on important issues such as property division, parenting time, child support, or spousal support. -
How long does a contested divorce usually take in BC?
The length depends on the complexity of the issues, the willingness of both parties to negotiate, and the availability of the court. Contested divorces often take longer than uncontested ones. -
Can I represent myself in a contested divorce?
It is legally possible, but not recommended. Contested divorces involve complex legal rules and high emotional and financial stakes, making legal guidance important. -
What role does mediation play in a contested divorce?
Mediation can help spouses reach an agreement outside of court. This may reduce conflict, save time, and lower costs compared to a trial. -
What are common reasons for a divorce becoming contested?
Disputes often arise due to disagreements about parenting arrangements, financial fairness, undisclosed assets, or complex property and business interests. -
Do all contested divorces in BC go to trial?
No. Many cases are resolved through negotiation, mediation, or case conferences before reaching the trial stage.
