Common Questions

Our marriage is over; do we have to go to court?

Going to court to settle separation and divorce issues is necessary for some couples, but not for most. Most separating and divorcing couples prefer to work together – sometimes with the help of a mediator or a lawyer trained in collaborative law – to settle things without going to court.

Good starting points include:

  • Staying Out of Court, on the Family Law in BC website from Legal Services Society, describes options to solve issues without going to court. This fact sheet introduces family mediation and the collaborative family law process. The site also features the self-help guide Do Your Own Uncontested Divorce in Supreme Court.
  • The provincial government's Family Justice website includes a section on Mediation and Collaborative Law. The site provides answers to such questions as why choose mediation or collaborative law instead of court?
  • Undefended and Joint Divorces, from the Canadian Bar Association BC Branch, provides an overview of divorce procedure where the couples agree to the divorce.

tags
divorce & separation, staying out of court, mediation, collaborative law, resolving disputes without going to court, alternative dispute resolution