As a last resort, divorce may need to be settled in court.
When divorce issues absolutely cannot be agreed upon, litigation may be necessary. This process is much lengthier and costly than other options, and a lawyer is necessary to navigate the conflict and procedures.
A divorce may have many complications and issues to be dealt with. When no other channels such as negotiation, mediation, or arbitration can satisfy the situation, litigation may be necessary.
Whether you file in the Provincial Court, or the Court of Queen’s Bench, both can be very important strategically. Provincial Court proceedings are less formal, but parties will have less control over the proceedings. There are also certain family law matters where only the Court of Queen’s Bench can make an order.
- exclusive possession of the family home or household goods
- declarations of parentage
- declarations of irreconcilability
- matrimonial or common-law property
- financial support orders regarding property or trusts
A family lawyer can help you choose the correct court in which to litigate your divorce.