When spouses separate the first thing they should do is to attempt to resolve all of the issues arising from their separation by some form of negotiation. This may be simply working out a settlement with the other spouse or it may involve a four way meeting with their lawyers, a mediation, or a collaborative law process.
If all of their attempts to resolve the issues fail then a court action must be commenced.
The first step is to prepare and file a Notice of Family Claim and serve it on the other spouse. That spouse then has 30 days to file a Response to Family Claim.
Once the Response has been served a Judicial Case Conference (JCC) is set which is a meeting with the spouses, their lawyers and a Judge. The Judge will act as a mediator and attempt to resolve the outstanding issues. It usually takes approximately two months to obtain a date for a JCC. At the JCC the Judge will only make an order if all of the parties agree to a Consent Order.
Only when the JCC has been completed can a spouse apply to the court for a court order. This will usually take an additional three weeks depending on the complexity of the issues.
At Deborah Todd Law, we provide clear and practical guidance to clients navigating the family law litigation process in Victoria, BC. Litigation can feel overwhelming, but with the right legal team, you can move through it with confidence and clarity. Whether you are managing a divorce, dealing with parenting arrangements, or facing property division concerns under family law, our firm is here to protect your interests every step of the way.
Explore our areas of practice to see how we approach different family law challenges, or visit our homepage for a full overview. In addition to litigation support, we help clients with financial planning needs, including estate tax filing and setting up an enduring power of attorney.
We understand that court proceedings can be emotionally draining and complex. Deborah Todd’s decades of courtroom experience allow her to deliver effective, results-focused representation while minimizing unnecessary conflict. Learn more about Deborah Todd’s professional experience and commitment to client advocacy by visiting her LinkedIn profile.
If you’re preparing for a family law case and want strategic, supportive litigation assistance, contact Deborah Todd Law today to schedule a consultation. Let us help you achieve a clear path forward.
