A contested divorce occurs when spouses cannot agree on one or more key issues, such as child custody, spousal support, or property division. Unlike an uncontested filing, this process requires court intervention, where a judge ultimately makes the final decisions if a settlement isn’t reached through mediation or negotiation. While a contested divorce can be emotionally and financially draining, it is often necessary to protect your legal rights and your children’s best interests. In Saskatchewan, even if a case begins as contested, the Crown or the court encourages resolution to avoid a trial. If you are facing this situation, understanding the procedural steps and potential costs is the first step toward a stable future.
How to Navigate the Challenges of a Contested Divorce in Canada
Handling a contested divorce in Canada where spouses disagree on key issues such as parenting, support, or division of property calls for a thoughtful, legally informed, and emotionally resilient strategy.
Because these cases can be lengthy, expensive, and highly stressful, it is essential to understand the legal process, make use of alternative dispute resolution (ADR) options, and safeguard your overall well-being.
Difference Between Contested and Uncontested Divorce
The primary difference lies in the level of agreement between you and your spouse.
- Uncontested: You both agree on everything, money, kids, and the house. This is often called a “desk-order divorce” because a judge signs it at their desk without you ever stepping into a courtroom. For more details on this simpler path, see uncontested divorce in Canada.
- Contested: There is a “contest” or a dispute. Even if you agree on 90% of the issues, if you can’t agree on that last 10%, the divorce remains contested until a settlement or court order resolves it.
Common Ground for a Contested Divorce
In Canada, we have no-fault divorce, but you still need a legal reason to file. Most people use a one-year separation, but if you can’t wait that long, there are other paths.
The Three Legal Grounds for Divorce
| Ground | Description | Timeline |
| Separation | Living separately and apart for 12 months. | Most common. Can file early, but must wait a year to finalize. |
| Adultery | One spouse had an intimate relationship outside the marriage. | No waiting period, but requires an affidavit or proof. |
| Cruelty | Physical or mental abuse that makes living together intolerable. | Immediate filing allowed. Requires significant evidence. |
The Step-by-Step Process: What to Expect
A contested divorce isn’t a single event. It’s a series of steps designed to help you reach a fair outcome.
- The Petition: One spouse (the Petitioner) files a Petition for Divorce and serves it on the other spouse.
- The Answer: The other spouse (the Respondent) has 30 days to file an “Answer” if they disagree with anything in the Petition.
- Financial Disclosure: Both sides must provide tax returns, pay stubs, and a list of all assets and debts. This is non-negotiable.
- Interim Orders: If you need child support or a schedule for parenting right now, your lawyer can ask the court for a temporary “Interim Order” while the rest of the case moves forward.
- Case Conference: You and your lawyers meet with a judge to see if any issues can be settled without a trial.
Why Do Divorces Become Contested?
Most people don’t want to fight. Usually, a contested divorce happens because of “The Big Three”:
- Child Custody and Parenting Time: One parent wants more time or has concerns about the other parent’s lifestyle.
- Complex Assets: Dividing a family farm or a business isn’t as simple as splitting a bank account.
- Spousal Support: Disputes over how much one person should pay to help the other maintain their standard of living.
The Impact of Criminal Charges on Your Divorce
Sometimes a divorce becomes contested when one spouse faces criminal charges. This adds a layer of complexity to the family case.
Can the Crown drop charges?
Yes, if there is no reasonable prospect of conviction, then the Crown can drop charges. If this happens, it can help your family’s case, but the original allegations might still be used as evidence in custody disputes.
How long does a withdrawn charge stay on your record?
It doesn’t count as a conviction, but the arrest record can stay in police files for months or years unless you apply to have it removed.
How Much Does a Contested Divorce Cost?
There is no sugar-coating it: fighting in court is expensive.
- Uncontested: Usually $1,500 – $5,000.
- Contested: Usually $15,000 – $100,000+.
The cost goes up every time your lawyer has to write a letter, go to court, or hire an expert (like an accountant to value a business). This is why we always push for a divorce mediation first, because it keeps your money in your pocket rather than the court’s.
Navigating High-Conflict Situations in a Contested Divorce
When a contested divorce involves high-conflict dynamics, the courtroom becomes a shield for the vulnerable.
In Saskatchewan, the court system has specific protocols for cases where normal negotiation has failed.
One of the most powerful tools in these situations is the Interim Order. Because a contested divorce can take a year or more to reach a final trial, you often cannot wait that long to decide where the children will live or who will pay the mortgage.
An Interim Order provides a temporary law for your family that stays in place until the final judgment.
Parenting Assessments: When the Court Needs an Expert Eye
In many contested cases, both parents believe they are the better primary caregiver. When the court cannot decide based solely on affidavits, a judge may order a Parenting Assessment.
- The Process: A social worker or psychologist interviews the parents, observes the children, and talks to teachers or doctors.
- The Goal: To provide the judge with a neutral, professional recommendation on the best interests of the child.
- The Result: Often, once the assessment report is released, the contest ends because both parties realize how a judge is likely to rule.
Financial Disclosure: The “Paper Trail” of a Contested Divorce
Failure to provide financial disclosure can result in the court “imputing” income to you. It means the judge will guess how much you make based on your lifestyle, and they usually guess high, leading to support payments much higher than you might actually owe.
In a contested divorce, you are legally required to lay all your financial cards on the table. It is called “Full and Frank Disclosure.” If one spouse tries to hide assets or “cash under the table,” the consequences are severe.
What Must Be Disclosed?
| Document Category | Specific Items Required |
| Income | Last 3 years of T1 Generals, NOAs, and current pay stubs. |
| Real Estate | Property assessments and current mortgage statements. |
| Corporate Assets | Financial statements for any business owned (even partially). |
| Debts | Credit card balances, lines of credit, and student loans. |
The Role of Early Family Dispute Resolution (EFDR)
In Moose Jaw and across Saskatchewan, you generally cannot even see a judge for a trial until you have attempted Early Family Dispute Resolution. It is a mandatory step designed to pull your case out of the “contested” pile and into a settlement.
- Mediation: A neutral person helps you talk through disagreements.
- Collaborative Law: Lawyers for both sides agree to settle without going to court. It is also known as Collaborative Family Law.
- Arbitration: A private “judge” makes a binding decision for you, which is often faster than waiting for a public court date.
If you complete this and still cannot agree, you receive a Certificate of Compliance, which acts as your “ticket” to proceed to a trial.
Protecting the Family Farm During a Divorce
For many in the Moose Jaw area, the “family home” is actually a multi-million dollar agricultural operation.
A contested divorce involving a farm is uniquely complex because the land is both a home and a livelihood.
- Exemptions: Assets you brought into the marriage (such as land owned before the wedding) may be “exempt” from a 50/50 split.
- Valuation: The value of the farm is usually calculated as of the date of the petition, but market fluctuations in grain or cattle prices can make this a heated point of contention.
- Buy-Outs: Often, the goal is to keep the farm operational by having one spouse “buy out” the other’s interest over several years rather than selling the land.
Strategic Planning for Your New Chapter
Choosing to move forward with a contested divorce is a difficult decision, but it is often the only way to ensure your rights are respected.
Whether you are dealing with no reasonable prospect of conviction in a related criminal matter or untangling a complex business estate, having a clear legal strategy is your best defence against chaos.
As you navigate these changes, remember that your legal status affects every part of your life, including your relationship with the Canada Revenue Agency (CRA).
While it might be tempting to stay “single” on your tax forms to keep certain credits, the CRA is very strict about common-law status. That’s why understanding the Penalty for Filing Single when Common-law is vital.
Don’t leave your future to chance.
Schedule a Consultation with our Moose Jaw Lawyer team today to start building your roadmap to resolution.
Frequently Asked Questions
1. Can the victim drop charges in Canada?
Ans: No. Many people think they can “press charges” or “drop them” like on TV. In Canada, only the Crown Prosecutor has the power to stop a criminal case. Even if the spouse who made the report wants to stop, the Crown may proceed if it believes there is a safety risk.
2. Can I talk to the Crown directly about dropping charges?
Ans: No. If you are the person charged, talking to the Crown is dangerous because anything you say can be used against you. Always let your lawyer handle these conversations to protect your rights.
3. Can withdrawn charges affect my custody case?
Ans: Yes. Even if your charges are withdrawn, a family court judge can still consider the behaviour that led to your arrest. The standard of proof in family court is lower than in criminal court, so “not guilty” doesn’t always mean “it didn’t happen” in the eyes of a custody judge.
