Contested Divorce in Canada
When you and your spouse cannot agree on property division, support, or parenting, provincial/territorial courts can decide. Understand the process.
When Court is Necessary
Court should be a last resort, but sometimes unavoidable
Parenting Disputes
Cannot agree on parenting time, decision-making responsibility, relocation, or child's education/health decisions.
Property Division
Cannot agree on division of matrimonial home, other property, pensions, business interests, or debts (provincial law applies).
Support Issues
Disagreement on child support amounts, spousal support (amount or duration), or imputing income to a spouse.
Court Process Timeline
Understanding each stage helps you prepare and budget
File Application
File Application for Divorce or Notice of Family Claim (BC) in provincial/territorial court. You become the Applicant/Claimant.
Serve Spouse
Serve documents on your spouse. They have 30 days to file Answer/Response (60 days if outside Canada).
Respond & Counter-Claim
Spouse files Answer and may file own claims. Exchange of Financial Statements required.
Case Conference
First court appearance before judge to identify issues, set timelines, and explore settlement. Mandatory in most provinces.
Disclosure & Discovery
Exchange financial documents, question each other (Examination for Discovery in some provinces), file updated materials.
Settlement Conference
Court-ordered settlement meeting with judge. Many cases settle here. Judge gives preliminary assessment.
Pre-Trial / Trial Management
If no settlement, pre-trial conference to narrow issues and prepare for trial. Trial dates set.
Trial
Evidence presented, witnesses cross-examined, legal arguments made. Judge reserves decision or decides immediately.
Judgment
Judge issues written reasons and final orders. Orders binding immediately (subject to appeal).
Typical Costs by Complexity
Legal costs vary by province, lawyer rates, and case complexity
Simple Matters
Simple property matters or parenting disputes with some agreement, settled before trial
Moderate Matters
Moderate complexity with significant assets, pension division, or contested parenting - may reach settlement conference
Complex Matters
High-conflict, complex property, business valuations, expert reports, or full trial
Frequently Asked Questions
Prepare for Your Family Matter
Splitifi helps you organize evidence, track court deadlines, and understand each stage of the Canadian family court process across all provinces.