Understanding Contested Divorce: Challenges of Complex Separations

Among all the ways to dissolve a marriage in Canada, a contested divorce is the worst-case scenario. It happens when spouses can’t reach an agreement over property division, child care responsibilities, and alimony allocation during a divorce. Resolution requires court involvement.

In most cases, a contested divorce takes about a year to get a verdict. From preparing documents, understanding each party’s demands, to navigating court obligations, each step is muddier than the previous one.

If, unfortunately, you fear that a contested divorce is unavoidable, you’d better act now. And understanding its basics is the first right thing to do.

This blog strives to prepare you with the crucial information. You will learn:

• What Canada means by a divorce is contested
• When a divorce becomes contested (Grounds)
• What are the steps in a contested divorce procedure
• What are the considerations during such dissolutions
• What to do to prepare and face the court confidently

What is a Contested Divorce in Canada?

A divorce can be either uncontested or contested. Both initiate when a partner sends a formal application for marriage dissolution to the other. But one becomes contested when the responding partner can’t agree with the terms defined in the application. But if they agree, it makes the case of an uncontested divorce.

Unique characteristics of a contested divorce:

• A harmony in decisions is unreachable
• Needs direct court involvement to resolve
• Meets valid grounds for a divorce
• Takes longer due to the complex legal trajectory
• Falls under the context of the Federal Divorce Act

In Regina, a contested divorce begins with the filing of essential documents in the Court of King’s Bench. The Family Law Division receives the application and provides further guidelines.

Grounds for Contested Divorce Under Canadian Law

General conventions rule on when and how a partner can decide on a divorce. A separation of over a year, marking zero emotional and physical intimacy and unwillingness to follow nuptial responsibilities, allows no-fault divorce.

Otherwise, a partner can only ask for a divorce if adultery or abuse is involved. But to take the contested path, the partners must prove that one of them is either breaching the other’s rights, evading responsibilities, or hiding key information. 

Here is a detailed overview of the common triggers that make a divorce contested:

Custody Disputes

Custody is the legal term for decision-making responsibilities. And in terms of divorce, it mostly concerns the child care. A custody dispute emerges when one parent wants limited or more involvement from the other parent in major life decisions of the children.

Support Conflicts

The financial arrangement in a divorce is to help the partner with less or no income to sustain their regular lifestyle. Conflict arises when one partner questions the other partner’s ability to provide or the claimed amount.

Property Valuation Issues

From real estate to financial liabilities, all forms of property and assets are meant to be shared equally between spouses. When dividing them, the court considers the duration of the marriage, individual responsibilities performed, and special types, such as inheritance and gifts. Partners may contest each other on the evaluation process, personal financial statement, and claim of inheritance.

Hidden Assets Suspicion

A spouse may have side-hassles, excluding the primary income source. Rents from properties, short-term and long-term investments that yield regular profits, or a second job. If their statement misses any related information, the partner may express their suspicion, raising a conflict. 

Fault-Based Allegations

The husband may have a long history of alcoholism. Which kept him unable to perform his duties. It may also have been negatively influencing the children. Out of rage or mind, he may have also abused his wife mentally or physically. In addition, he may have been involved in extra-marital relationships. Either the case, or vice versa, the other partner can contest their terms of responsibilities.

Relocation Concerns

One partner’s decision to migrate to another state or location may trigger several points of dispute. The left partner may not be ready to see the children off. The location may be in a different time zone, narrowing down the communication window. Each case creates a valid ground to call for a divorce. And the gap between the opinions is where a contest stems from.

Contested Divorce in Regina

The provincial law in Regina follows the general guidelines described in the Federal Divorce Act. The only difference lies in the type of court for filing a petition and some post-divorce formalities.

• The Court of King’s Bench handles all family disputes
• It prescribes alternative resolutions before initiating divorce
• It also mandates a child support course for the parents 

The Contested Divorce Process

The primary track is rather simple, divided into three basic steps:

Filing a Petition: After getting a divorce notice, the recipient partner examines the reasons and terms. If found irrational or misaligned, they can answer it with a contesting petition.

Attending the Court: Both parties collect the required documents, prepare statements, and attend court with legal experts to represent them as per the federal and provincial guidelines. Initially, the proceedings take a mediatory approach. Upon failure, it takes the formal course to a fair settlement.

Getting a Verdict: In-depth inquiries, valuations, and analysis of the statements, disputes, and claims take place. Representatives of both sides consider the opinions of the judge, follow instructions, and try to mitigate the allegations and contests.

Key Issues in Contested Divorces

Contested divorces are not easy to navigate. Some contests can be simple, while some are multifaceted. And that level of complications largely determines how the court will approach and dissolve the case.

Things that may prolong the procedure, putting the parties into additional hassles, are:

• Child Custody & Parenting Arrangements: Parental support can be granted to a single parent, where some orders allow the other parent to have occasional visitations. Joint custody is given when both parents are able and aligned.
• Child Support Calculations: The court takes into consideration factors, like economic stability, personal matters, relationship with the child, and lifestyle, to specify the custody type.
• Spousal Support (Alimony): In Canada, alimony is a two-way road, involving the financially more able spouse taking responsibility for the other, regardless of their gender. The amount is settled, so the receiving party can sustain their usual lifestyle.
• Property & Asset Division: It requires a micro-inspection into the assets and properties of both parties, meant to be divided into equal shares. Appraisal and defining property types, clearing confusions and disputes, and converging the parties into an agreement may postpone a case for over a year.

Contested vs. Uncontested Divorce: Key Differences

How to Prepare for a Contested Divorce

Here is everything you need to know about the Contested Divorce preparation:

• Seeking advice: From initiating the case, presenting it to the court, and suggesting throughout the procedures, to defending your stand firmly, a legal professional would be your first person to go to.
• Finding an alternative route(if possible): It’s highly recommended to resolve the case outside the court. Be it through mediation, professional legal guidance, negotiation, or community involvement.

• Preparing paperwork: Essential papers to kick off a contested divorce include:

Necessary Papers:

• No-fault divorce or 13.1 (based on the content of the dispute)
• Form 8 (Divorce Application)
• Form 10 (Response to Application)
• Form 14A (Affidavits/Personal Testimony)
• Bank and Investment Statements
• Assessment of debts and liabilities
• Income statements, involving pension and other government-provided financial support schemes
• Tax returns
• Property documents

There are a few documents, mostly statements sharing personal and common insights into each party’s contribution to child and financial support within the nuptial period. This should be made with the assistance of an advisor.

• Collecting evidence: Nothing can draw a case in your favour more than strong evidence. Make sure to maximize your chance by providing one or more of the following:
• A witness to support your claim
• Any evidence of the other party’s false claim
• Evidence related to child custody and spousal support
• Medical reports when drunkenness, psychological issues, or other issues are involved
• Stating goals: It’s always the best move to have the court informed about your expectations. An additional attachment outlining struggles, fears, and imaginable consequences of the divorce, along with detailed suggestions for mitigating measures, will help the court set its course.

Do I Need a Lawyer for a Contested Divorce?

Yes, you should get a lawyer when the divorce process gets contested. A divorce only gets contested when one of the parties is wrong, disrespectful, or irrational in their claims. Given the complications over custody, property, financial terms, and court obligations, this is not something an individual can manage alone.

Regina Divorce Lawyer, with their seasoned experience, will help you:

• Understand your rights as per the Federal Divorce Act
• Realize your position and claims based on the ground
• Find alternative measures to reduce costs and hassles
• Prepare and collect the paperwork and evidence
• Navigate the court with confidence
• Get explanations of the court orders and responsibilities
• Ensure the right custody, equal property divisions, and satisfactory financial arrangements

Wrapping Up

A contested divorce can become messy real quick if the steps are not taken with wit and caution. Despite similarities, it differs from other divorce types in terms of grounds, obligations, procedures, and complications. The disputes, if not discussed, explored, and dealt with by professionals, may turn into an embarrassment in the courtroom and a disaster in personal life. Regina Divorce Lawyer, a renowned name in family and domestic law, offers consultation and support as a reliable friend at hand.

Frequently Asked Questions about Contested Divorce