Contested Divorce Procedure: How to blow $50,000 for your divorce
Contested divorces can cost $50,000

   Find Divorce Lawyers
   Find Paralegals
   Find Process Servers
   Find Mediators

   Lawyer Referrals
   Legal Forms
   Lawyer Directory

CONTESTED DIVORCE? Waste $50,000.00
Battle it out in court for years and come out bankrupt

Many a man who falls in love with a dimple makes the mistake of marrying the whole girl. - Evan Esar

Contested Divorce Procedure: How the system works in ten painful expensive steps

There are ten expensive, time consuming painful steps in a court contested divorce, all of which involve a humiliating loss of privacy at every step.

However, a separation agreement is definitely recommended. Separation agreement kit Click here Click here to see the CanLaw Separation Agreement

CanLaw's Layperson's Gude to Contested Divorce.

Lawyer Referrals You Should Have a Lawyer For Contested Divorce


Prepare Your Application for Divorce including a financial statement

Your application for divorce outlines what you want the court to give you, and why you should get it. Usually this includes requests for child custody, child support, spousal support and a property division. You will need to prepare a financial statement that detailas all aspects of your income, expenses, assets and debts. You have no privacy whatsoever from this point forward.


File Your Application in court, then Serve the Application and Financial Statement on your spouse

After you file your divorce application with the court, (it will be stamped and a file number assigned) you must serve a copy of your application and financial statement on your spouse. Normally you should hire a process server to serve (give) the divorce papers on your spouse or her lawyer. The process server will give you a sworn affidavit of service once the documents have been served. You should file the affidavit of service with the court so there is proof that your spouse was notified and when she was served.


Your Spouse Must Serve and File an Answer and Financial Statement within 30 days

The answer and financial statement will be served on you, and filed with the court along with an affidavit of service. The answer will include the issues your spouse agrees with and the disputed issues as well as any additional claims or issues your spouse raises.


You Serve and File a Reply within 10 days

You have the optional opportunity to reply to any disputed or new issues raised in your spouse's answer


A Case Conference is Held

At a case conference, you will attempt to resolve issues like disclosure, questioning, trial scheduling, and possible appointment of the Children's Lawyer.

  Find a lawyer referral service Click hereCanLaw's lawyer referral service will help you find a lawyer

Single Parent travelling alone with minor children?
You need a Travel Consent form Click here Travel Consent Form to board a plane or leave the country.


Click here Lawyer Referrals You Should Have a Lawyer For Contested Divorce



Discovery is a process which is designed to get to the facts and verifying the claims and issues raised in the case. It is intended to disclose all the information needed to prove or disprove the other side's case. It can be complex and lengthy. It includes exchanging financial documents with your spouse, such as income tax returns and bank statements. It includes formal examinations, which is questioning your spouse under oath about the details of their case. A transcript and exhibits will be produced for use at the trial. Custody issues may be assessed



Motions can be brought at any time before the trial. Usually they ask a judge to resolve any issues that can't wait, or disputes over procedures or requested documents, or child support is required now before trial, a motion can be brought before a judge for a (temporary) interim order which may be cancelled, changed or cast in stone when the matter finally gets to trial.


Settlement Conference

This is a semi formal hearing before a judge to resolve your case so it need not go to trial. The judge will hear and review the case and give an opinion how he would probably rule if a trial were held. Ignoring this opinion is foolhardy.



If you and your spouse do not resolve your case, then a judge will do it for you at a trial. Neither party will be happy with the result and the costs will be astronomical.

Witnesses will be called, documents filed as exhibits, and tedious legal arguments made. The judge will eventually issue a decision and ruling which you must obey whether you like it or not.


This may not be the end. If your spouse is vindictive, vengeful and determined, she can drag you back and forth into courts for years to come.


Click here uncontested divorce in 60 days You could have got an uncontested divorce in 60 days for a few hundred dollars. Stupid you.

  Find a lawyer referral service Click hereCanLaw's lawyer referral service will help you find a lawyer

Everything in the divorce court process is regulated by the Federal Divorce Act and the Family Law Acts and Rules issued by each province.

Need proof of your Canadian Divorce?
Divorce certificate form Click hereClick here to get your Divorce Order or Certificate of Divorce

Gender Bias in Divorce.
The courts, the police and the entire legal system are heavily gender biased in all family and divorce issues.

CanLaw is the national Canadian lawyer referral service for those needing to find a lawyer or legal assistance or related services for any reason whatsoever, anywhere in Canada

Get your separation kit here

Home |  Contact |   Terms |  Find a Lawyer |  Advertisers  |    Contents |  
Contested divorces can cost $50,000
| Contents |   FAQs Read this first |   Divorce Basics |   Uncontested Divorce |   Divorce in 60 Days |   Collaborative Divorce |   Contested Divorce |   Common Law Divorce |   Do it Yourself Divorce |   Child Spousal Support |   Child support guidlines |   Property Division |   Custody Access |  
| Enforce Access |   Legal Costs |   Separation Agreement |   Proof of Divorce Certificates |   Proof of Divorce |   Travel Consent Form |   Change your name |   Family Law Act |   Statutes and Laws |   Find the law |   Paternity tests |  
Lawyers Referral Services Advice Click here  CanLaw Sitemap  Lawyers Referral Services Advice Click here Sitemap xml | Lawyers Referral Services Advice Click here  CanLaw Web Sites List |  Last Updated:  |  CanLaw Inc.  | 
Ask CanLaw
by CanLaw Inc >Count on the CanLaw Network