Why Ignoring Court Papers is a Big Mistake

Imagine this: You get served with divorce papers from your spouse. You’re upset. You ignore the paperwork, thinking if you don’t respond, nothing will happen.

Thirty days later, your spouse goes to court and asks for temporary orders: $5,000 per month in support, freezing all your bank accounts and property, and an advance of $100,000 from your assets for legal fees. The judge grants everything. Why? Because you didn’t respond in time. In BC, if you don’t reply within 30 days, the court can make orders against you by default.

Lesson: Never ignore court documents. Take action right away to protect your rights and assets.

The BC Family Law Process: Ten Key Steps

1. Filing a Family Claim (Starting a Divorce)

Most family law cases start with a Notice of Family Claim filed in BC Supreme Court. This document lays out your issues—divorce, parenting, support, property division, etc.

2. Asset and Personal Protection Orders

Before serving your claim, think about whether you need to protect your property or safety:

• Property freezing orders: To stop your spouse from moving assets
• Protection orders: If there’s family violence, ask the court to keep your spouse away from you and your children

These orders can be made without notifying your spouse if there’s urgent risk.

3. Serving Court Papers

Once the claim is filed, you must personally serve it on your spouse. The document is valid for one year after filing. If your spouse hides or you can’t find them, ask the court for permission to serve in another way (for example, by email or posting a notice).

4. Filing a Response and Counterclaim

After being served, your spouse has 30 days to file a Response to Family Claim (and optionally, a Counterclaim).
You, too, can apply for protection or freezing orders at this stage.

5. Judicial Case Conference (JCC)

What is a JCC?
A JCC is a mandatory meeting with a judge before your case can move ahead. Both spouses (and their lawyers) must attend. If someone is overseas, they can join by video.

What happens at a JCC?

• Both sides submit Financial Statements showing all assets, debts, and tax returns for the past three years
• The meeting is informal and confidential—nothing you say can be used as evidence in court
• The judge will encourage settlement or make orders about next steps (like document exchange or setting deadlines)
• The judge can make temporary orders if both parties agree, but can’t force a decision except for basic scheduling or urgent issues

6. Financial Disclosure

This step is crucial—and can be complicated:

• You must exchange full financial records, including:
  • Bank and credit card statements
  • Tax returns
  • Proof of debts, loans, or large purchases
  • Business or overseas asset records

If your spouse refuses to disclose:
You can apply to the court to force disclosure, seek contempt orders, or ask the court to draw negative inferences about their honesty at trial.

7. Oral Discovery (Questioning)

Once financials are exchanged, each side can question the other in person (called “oral discovery”):

• Lawyers are present
• Interpreters can assist if needed
• Everything said is recorded and can be used as evidence in court
• If someone’s answers change at trial, it hurts their credibility

8. Settlement Talks and Mediation

Almost all family law cases in BC (about 90%) settle before trial, through:

• Lawyer-to-lawyer negotiations
• Independent mediation with a neutral third party

Early settlement saves time, money, and stress.

9. Trial

If no agreement is reached, your case goes to trial:

• Scheduling:
  • A 5-day trial may be booked a year in advance
  • Trials over 6 days may be scheduled two years ahead
• Pre-trial conference:
  About a month before trial, the court sets the number of witnesses, need for interpreters, and finalizes document exchange
• At trial:
  • Both spouses testify as witnesses
  • Some witnesses can appear by video (especially if overseas)
  • Both sides present evidence, cross-examine each other, and make their arguments
  • The judge weighs all evidence to reach a fair decision

10. Waiting for Judgment

The judge may take time to write a decision:

• For simple cases, you might get a ruling within 6 months
• Complex cases can take longer
• Once the written judgment is issued, you have 30 days to file an appeal if needed

Pro Tips for Navigating Family Court

1. Respond fast. Never ignore court papers—your rights can be lost by doing nothing.

2. Get expert help. Family law in BC is complex. Consult a family lawyer as soon as possible.

3. Be thorough with your disclosure. Hiding or failing to provide full financial information can backfire in court.

4. Stay open to settlement. Most cases resolve before trial—don’t be afraid to negotiate or try mediation.

5. Remember the kids. Avoid badmouthing your ex to your children. Keep their best interests front and center.

The Importance of Fair Process

A fair, transparent, and orderly process is the backbone of justice in family law. Understanding the rules and timelines helps you protect your rights and make smart decisions.

Contact George Lee Law for Family Law Support

If you’ve been served with court papers—or you need to start a family law case—our team can guide you through every step:

• Strategic advice from day one
• Asset and safety protection
• Full representation at all stages, from negotiations to trial

Languages: English, Mandarin Chinese, Cantonese
Phone: 604-681-1611
Email: info@gleelaw.com
Website: gleelaw.com

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This article offers general information about BC family law procedures. For advice about your case, consult a qualified BC family lawyer right away.