What Makes a Divorce Contested?
A divorce is contested when you and your spouse disagree on one or more issues. Common areas of dispute include:
- Where the children will live and how parenting time will be shared
- Whether spousal support is owed — and how much
- Child support amounts and special expenses
- Division of the home, savings, RRSPs, pensions, and business interests
- Who stays in the family home during the proceedings
The Stages of a Contested Divorce in Ontario
| 1 | Application: One spouse files a Divorce Application setting out all claims against the other. |
| 2 | Response: The other spouse responds within 30 days, sometimes with a counter-application. |
| 3 | Financial Disclosure: Both parties exchange complete financial statements under oath. |
| 4 | Case Conference: A judge meets with both lawyers to identify issues and push for early settlement. |
| 5 | Settlement Conference: A more focused settlement attempt – many cases resolve at this stage. |
| 6 | Trial Management: Final preparation if no settlement was reached. |
| 7 | Trial: A judge hears the evidence and makes binding final orders on all issues. |
Why Experience Matters in a Contested Divorce
A contested divorce is not forgiving of mistakes. The decisions made in the first weeks set the tone for everything that follows.
Poor financial disclosure, badly worded interim orders, or missed deadlines can compromise your position for months or years. You need a lawyer who gets it right from day one.
🔍 Clear Strategy:
We assess your strongest positions before a single document is filed.
📊 Financial Rigour:
We review all disclosures carefully, nothing gets missed, and nothing gets hidden.
🤝 Negotiate First:
We always pursue the best settlement before recommending expensive litigation.
⚖ Court-Ready
When litigation is necessary, we are thorough and effective advocates in Toronto family courts.
💬 Regular Updates
You hear from us. No chasing. No wondering what is happening with your case.
🎯 Your Priorities Lead
Whether it is your children, your home, or your financial security — we focus on what matters to you.
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Your Most Common Questions
How long does a contested divorce take in Ontario?
Typically 12 to 36 months. High-conflict cases or those involving business assets can take longer. We manage the process proactively to avoid unnecessary delays.
What is financial disclosure and why does it matter?
Both spouses must share complete financial information under oath — income, assets, debts, and property. Hiding or understating assets can result in court penalties and overturned agreements. We ensure the disclosure process is handled correctly on both sides.
Will my contested divorce actually go to trial?
Probably not. The majority of contested Ontario divorces settle before trial — usually at the settlement conference. But you need a lawyer who is genuinely prepared to go to trial if needed. That preparation is what drives better settlements.
Facing a contested divorce? Do not go it alone. Call Unified LLP at 416.787.7678 for a free, confidential consultation.
