Your Roadmap to Contested Divorce in Ontario:
Rights, Timelines, and Solutions
From legal timelines to practical solutions,
Get a complete roadmap for contested divorces in Ontario.
Table of Contents
What is an Divorce in Ontario ?
When couples separate, divorce isn’t always simple. In Ontario, if you and your spouse can’t agree on the terms—whether it’s property division, child custody, or support payments—you may face a contested divorce. This process is more complex, often requiring court involvement, legal negotiation, and sometimes a full trial.
✅ Contested vs. Uncontested Divorce
Uncontested Divorce:
Both spouses agree on all key terms (e.g., custody, support, property) and can finalize the divorce without going to trial.
Contested Divorce:
One or both spouses disagree on important terms and court intervention is typically required to resolve the issues.
What Makes Divorce So Complicated?
Contested divorces usually involve one or more of these hot-button topics:
Property Division
Ontario follows the principle of equalization of net family property (NFP). Spouses may disagree on the valuation of assets, inclusion of certain items, or the fairness of the division.
Spousal Support
Factors such as the length of marriage, each partner’s financial status, and family contributions can lead to disputes.
Child Custody & Access
The court prioritizes the child’s best interests but disagreements arise over custody types, parenting schedules, and decision-making authority.
Child Support
Even though the Child Support Guidelines provide structure, issues like underreporting income or extraordinary expenses often spark conflict.
Two Roads to Resolution in a Contested Divorce :
Alternative Dispute Resolution (ADR):
Settle your divorce privately through mediation, arbitration, or negotiation. It’s faster, more cost-effective, and keeps things confidential—ideal if both parties are willing to cooperate.Options Include:
Negotiation – Lawyers assist in direct talks.
Mediation – A neutral mediator helps spouses reach agreement.
Arbitration – A neutral arbitrator hears both sides and gives a binding decision.
Court Trial:
When agreement isn’t possible, the case goes to court. A judge makes final, legally binding decisions. This path ensures fairness but involves more time, cost, and public exposure.
Which Path Should You Take: Court Trial or ADR ?
Benefits and Drawbacks of Each Option
Alternative Dispute Resolution (ADR)
Benefits:
Faster resolutions with fewer delays
Lower legal and administrative costs
Confidential and private process
Greater control and flexibility in outcomes
Drawbacks :
Requires mutual cooperation
Not ideal if there is a significant power imbalance or hidden financials
Court Trial
Benefits :
Legally binding and enforceable decisions
Best for situations involving serious conflict or non-cooperation
Judge ensures fairness and adherence to legal rights
Drawbacks:
High legal costs and longer timelines (12–24+ months)
Public hearings reduce privacy
Less control—final decisions are made by the judge
Not sure which path to take?
Contested Divorce Timeline
Steps | Description | Timeframe |
Filing Application | Application submitted | 1 week |
Respondent’s Answer | File response after service | +30 Days |
Case Conference | First court session | 2–4 Months |
Motions (if needed) | Temporary support/custody orders | TBD |
Settlement Conference | Negotiation attempt | 6 Months to 1 year |
Trial Preparation | Final trial preparations | TBD |
Trial | Court hearing and ruling | 12–24+ Months |
Required Documents for a Contested Divorce
Personal Identification Documents
Government-issued ID (driver’s license, passport, etc.)
Proof of residency in Ontario
Marriage Information
Original or certified copy of the marriage certificate
Financial Disclosure Documents
Recent pay stubs and tax returns
- Notice of Assessment and Re-Assessment, T4, etc.
Bank statements, credit card statements
Property ownership documents
Pension, RRSP, and investment account details
Debts and liabilities list
Parenting and Child-Related Information (if applicable)
Parenting plan or custody proposal
Child-related expense records (daycare, healthcare, school)
School reports or medical documentation (if relevant to custody issues)
Other Legal Documents (if any)
Prenuptial or cohabitation agreements
Previous court orders or separation agreements
Want help gathering the right documents?
Let us walk you through the checklist during a free consultation.
Frequently Asked Questions
We understand that the divorce process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
Not always. Many disputes are resolved through Alternative Dispute Resolution (ADR) methods like mediation or arbitration. You only go to court if these efforts fail.
Yes. If your spouse’s location is unknown, we’ll help you apply for substituted service, which allows the court to approve alternate ways of notifying them (like email, posting notice, etc.).
Yes. As long as you can prove that you’ve been “separated under the same roof” (separate rooms, finances, etc.) for at least a year, you can still file for divorce.
Courts prioritize the best interests of the child, not parental preference. Full custody may be granted if it serves the child’s emotional, physical, and developmental needs.
Yes, but only under certain circumstances. You may apply to modify child support, spousal support, or custody arrangements if there’s a material (significant) change in circumstances.
If your spouse refuses to participate or negotiate, you can still proceed through the court system, where a judge will make decisions based on the evidence presented.
While it’s not legally required, having a family lawyer is highly recommended. Contested divorces involve complex legal rules, paperwork, and strategic decisions that are difficult to manage alone.
Have more questions?
If you have more questions, don’t hesitate to reach out! Our team is here to provide clear answers and guidance tailored to your situation. Contact us today for personalized support!