Contested divorce

A contested divorce in British Columbia refers to a divorce where one or both parties do not agree on the terms of the divorce, such as the division of property, spousal support, or custody of children. In a contested divorce, the parties may need to go to court to have a judge make a decision on the disputed issues. This can be a more complicated and time-consuming process than an uncontested divorce, where both parties agree on the terms of the divorce.

While it is not legally required to have a lawyer in a contested divorce, it is highly recommended, especially if the other party is not agreeing to anything. A lawyer can provide you with guidance and support throughout the divorce process and help you understand your legal rights and obligations.

People often think that judges will be more lenient if they're self-represented; however, this is not how judges operate. Judges only take into consideration the laws of BC, so it's best if you have deep knowledge of the law.

Not all contested divorces go to court. While some may end up in court, many contested divorces can be resolved through alternative dispute resolution methods such as mediation or negotiation. These methods can be quicker, less expensive, and less adversarial than going to court. However, if the parties are unable to reach a resolution through alternative dispute resolution methods, the case may need to be decided in court by a judge. It is ultimately up to the parties involved to decide how they wish to resolve the dispute.

The cost of a contested divorce can vary widely depending on several factors such as the complexity of the case, the amount of time and resources required, the number of disputes that need to be resolved, and the hourly rate of the lawyers involved.

On average, a contested divorce can cost anywhere from several thousand to tens of thousands of dollars. In addition to legal fees, there may also be other costs associated with a contested divorce such as court filing fees, expert witness fees, and the cost of alternative dispute resolution methods such as mediation.

It is important to keep in mind that the cost of a contested divorce can be significantly higher than the cost of an uncontested divorce, where both parties agree on the terms of the divorce.

In British Columbia, the general rule is that each party is responsible for paying their own legal fees, regardless of who wins the case. However, the court has the discretion to make an order for costs, including legal fees, in exceptional circumstances. This means that if the court determines that one party has acted inappropriately or caused the other party to incur unnecessary legal costs, the court may order that party to pay some or all of the other party's legal fees. The decision on whether to award costs and the amount of the award will depend on the specific circumstances of the case, and can be complex.