Can You Get a Divorce Without Going to Court?

In many cases, divorce without going to court is entirely possible.

More and more divorcing couples are taking advantage of mediation as a means to end their marriages in a less stressful manner. This method works best when couples part on fairly friendly terms.

Read on to learn more about mediation and arbitration. It may just be the solution you’re searching for!


In March 2013, the Family Law Act came into effect. This act encourages families to resolve their disputes without the intervention of a judge. It has driven more separating couples to resolve their issues via mediation.

In B.C. Supreme Court family disputes, one person can serve a notice that starts the mediation process. In addition, the Legal Services Society launched a mediation referral project, which allows low income people to qualify for six hours of services from the Mediate BC Society. This makes it easier both parties to settle their issues while avoiding the cost and stress of a legal battle.


The average legal fees for a family case come to about $30,000, according to a 2014 survey of the legal community. These substantial costs can be devastating, especially during a separation. However, if you can settle your divorce without going to court, you’ll pay an average of twenty times less than this.

The average total mediation fee is $1,784 between all parties. This difference in cost is a prime factor in the increase of divorcing couples that are seeking the services of a mediator.

Benefits of Mediation

In addition to the low cost, mediation can eliminate the stress and anger felt by both parties. Multiple counselors will advise the couple on how to handle their affairs, rather than each party fighting for an equal share in the courtroom.

Also, mediation has a positive impact on children that would otherwise be affected by divorce. If both of their parents are able to handle things without arguments or “bad-mouthing,” kids will have an easier time adjusting to the sudden changes in their lives. According to a Mediate BC report, 93 percent of participants in the mediation program said they were satisfied with the process.

What’s Next?

If you want to get a divorce without going to court, don’t hesitate to contact us at Galbraith Family Law. Our attorneys are versed on all of the ins-and-outs of divorce mediation and arbitration. Why not take a few minutes to schedule a consultation today? You’ll be glad you did!

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Brian Galbraith

Brian Galbraith is the owner and founder of Galbraith Family Law Professional Corporation. Brian is known in the legal community for his commitment to efficiently practicing family law using technology and streamlining the divorce processes.

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