Getting Divorced in Nova Scotia

A contested divorce will typically take a year or more to complete assuming the matter proceeds to a full trial; however, only a small number of contested divorces proceed to trial as most matters are resolved at a judicial settlement conference.  At such a conference, the parties and their lawyers will meet with a judge for an afternoon on a voluntary basis and efforts are made to resolve outstanding issues by agreement.  

 

The court in Halifax has said about 90% of judicial settlement conferences end in a negotiated settlement.  

 

To secure a judicial settlement conference, you need to file the requisite court documents–with a lawyer involved normally it takes about an hour or two to prepare these documents. Within a month or two, the  court will set up a  short administrative conference with a judge (by telephone) to determine if the matter is ready for a settlement conference.  At the administrative conference, if the judge concludes all the necessary financial paperwork has been disclosed, then the matter will be set down for a 2 hour settlement conference with a judge, booked two or three months after the administrative conference.  At the settlement conference, the judge will meet with each party and their lawyer separately, at least initially, and work to craft a mediated settlement that is acceptable to all involved. 

 

The process of judicial settlement can take on average three to five months provided things are easy to settle, and can take more time if the parties are particularly disagreeable.