A contested divorce doesn't move in a straight line from filing to trial. It moves through a series of defined stages, and most of them exist to give the parties a chance to resolve issues before a judge has to decide anything.
A contested divorce in Calgary moves through filing and service, a statement of defence, financial disclosure, interim court applications, questioning under oath, a settlement conference, a pretrial conference, and, if it still hasn't been resolved, a trial. Most cases settle before reaching the final stage.
A divorce becomes contested when the spouses disagree on an issue the court has to resolve, such as parenting, property division, or support. That disagreement is what triggers the stages below, though a case can settle at any point along the way rather than running through every stage to trial.
One spouse files a Statement of Claim for Divorce with the Court of King's Bench of Alberta, setting out the ground for divorce and what they're asking for on issues such as parenting, support, and property. The other spouse is then formally served with the documents, often by a process server, and given a set period to respond. Little else in the case moves forward until service is confirmed with the court.
The responding spouse files a Statement of Defence, setting out which parts of the claim they agree with and which they dispute. This document defines what's contested going forward, which can be narrower than the whole divorce, such as a single disagreement over parenting time or property. Missing the deadline to file a defence carries real consequences, since the case can move forward on the basis that those issues aren't contested.
Both spouses exchange financial disclosure covering income, assets, and debts, often prompted by a formal Notice to Disclose filed with the court. This stage supports child support and spousal support calculations and property division, and incomplete or delayed disclosure is one of the most common reasons a contested case slows down. A court can draw an unfavourable conclusion against a spouse who withholds financial information, which makes disclosure a poor place to cut corners.
While the larger case is still working through the court, either spouse can apply for an interim order addressing an immediate issue, such as a temporary parenting schedule, interim child or spousal support, or who remains in the family home while the case continues. These applications are heard in chambers, a shorter court process than a full trial, and the outcome can shape each side's negotiating position going into later stages.
Each spouse can be questioned under oath, sometimes called examinations for discovery, about their financial situation and other evidence relevant to the case. A transcript is made of the questioning, and answers given under oath can be used later if the matter reaches trial. This stage lets each side test the other's evidence before the case goes further, and it often reveals whether a settlement is realistic once both sides know what the other can prove.
Questioning tends to cause more anxiety than any other stage, since most people have never done anything like it before. A few things help going in:
Preparation for this stage doesn't mean rehearsing a script. It means knowing your own file well enough to hold up under direct questions about it.
Many contested divorces in Alberta go through a settlement conference or judicial dispute resolution session, where a judge helps the parties explore a resolution before committing to a trial. These discussions are non-binding: the judge involved doesn't decide the case, and what's discussed generally can't be used later if the matter proceeds to trial. Contested cases often resolve at this stage once both sides have seen each other's full evidence, and even a partial settlement here can narrow what's left for trial.
If the case still hasn't settled, a pretrial conference addresses the procedural details needed before trial: what issues remain contested, what evidence and witnesses each side plans to present, and how long the trial is expected to take. Lawyers exchange trial briefs and finalize expert reports, such as a business valuation, ahead of this stage.
At trial, each side presents evidence and arguments, and a judge decides the outstanding issues based on the evidence and Alberta family law. A trial can run anywhere from a single day for a narrow dispute to several days or longer for a case involving multiple contested issues or complex assets. This is the final stage for a case that hasn't been resolved through any of the earlier steps.
Once the judge grants the divorce judgment, the divorce takes effect 31 days later, allowing time for an appeal. After that period, either spouse can obtain a Certificate of Divorce confirming the divorce is final. A party who disagrees with the judge's decision on a contested issue may have the right to appeal within a limited window, separate from the standard 31-day waiting period for the divorce itself.
| Stage | What Happens | Typical Timing |
| Filing and service | Claim filed and served on the other spouse | Early in the process |
| Statement of Defence | Responding spouse sets out what's disputed | Shortly after service |
| Financial disclosure | Both sides exchange financial information | Ongoing through the case |
| Interim applications | Address urgent issues while the case continues | As needed, at any point |
| Questioning | Each side tested on their evidence under oath | Mid-process |
| Settlement conference | Judge helps explore resolution before trial | After disclosure and questioning |
| Pretrial conference | Final procedural steps before trial | Shortly before trial |
| Trial | Judge decides remaining issues | Final stage, if the case hasn't settled |
THEBIL Family Law prepares clients for what each stage of a contested divorce involves, from the initial filing through settlement conferences and, where necessary, trial. The firm looks for genuine opportunities to resolve issues at earlier stages rather than treating every case as though it's guaranteed to reach trial.
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Filing and service, a statement of defence, financial disclosure, interim applications, questioning, a settlement conference, a pretrial conference, and trial if the case still hasn't been resolved.
No. Many resolve at the settlement conference or judicial dispute resolution stage, once both sides have exchanged disclosure and been questioned on their evidence.
Each spouse is questioned under oath about their financial situation and other relevant evidence. This stage often clarifies whether a settlement is realistic before the case moves further.
Yes, through an interim application heard in chambers. This addresses an immediate issue while the larger case continues through the other stages.
It varies by case and court availability, but disclosure and questioning often take longer than expected, and settlement conferences and trial dates depend on the court's schedule.
The parties can finalize an agreement at any stage, and the divorce proceeds based on those agreed terms rather than continuing through the remaining stages.
Not exactly. A settlement conference or judicial dispute resolution session involves a judge helping the parties explore resolution, while mediation typically involves a neutral third party outside the court process.
Yes. THEBIL Family Law prepares clients for each stage and represents them through trial if the case doesn't resolve earlier.
How much the parties disagree and how complex the issues are, including property or business valuation, tend to matter more than any single stage of the process.
Knowing what's ahead makes a contested divorce easier to manage, even when the timeline isn't fully within your control. THEBIL Family Law walks you through each stage and represents you at every step. Book a consultation to talk through your situation..
