Serving clients in British Columbia, Lowther Family Law is extremely experienced in the divorce court process, and will guide you through. Learn more about what the process is like on this page, or contact us directly to schedule an initial consultation.
The Divorce Court Process
A dispute arising from the breakdown of a marriage can be resolved in two ways, either by agreement or through the court. In British Columbia, we have distinct levels of courts which each handle a different aspect of family law.
The Provincial Family Court, for instance, cannot grant a divorce or deal with the division of a family's assets, but it does have the power to deal with custody, access and spousal and child support disputes. This court's procedure is less formal than the procedure of the British Columbia Supreme Court. Most municipalities have Provincial Family Courts.
The Supreme Court, meanwhile, does have the power to handle custody, spousal and child support issues and issues of access, property division and divorce. In the Lower Mainland, the Supreme Court hears cases in Chilliwack, New Westminster, and Vancouver. Ultimately, it is the Supreme Court which has the jurisdiction to deal with the division of family property.
It's possible to obtain temporary orders for support, custody and access and other matters in both the Supreme Court and the Provincial Family Court. These temporary (or "Interim") orders are generally obtained at the beginning of a case, and remain in place until the case is complete and a final decision is rendered.
Interim orders are commonly made for one spouse to have exclusive possession of a family asset like the family home, for the sale of assets, or to prohibit the sale of assets.
Make sure you discuss your individual situation with a lawyer before you begin any court proceedings so that you can determine which of the courts best fits your situation. If you and your spouse are in agreement on all assets and issues then a lawyer can also help you with an uncontested divorce.
Please call us for your initial consultation to discuss your situation.
Note: The information provided above is general information only and is provided as a public service. For detailed information and advice with respect to your specific circumstances, please contact our office for an appointment.