Contested Divorce Ontario
In a contested divorce, you and your spouse can’t agree on key issues like child custody, spousal support, or property division. This often leads to a court battle in the Superior Court where a judge will make the final decisions. Throughout this process, having a skilled divorce lawyer can significantly help your case.
Forms and Information
Seeking a divorce involves numerous forms and documents, depending on whether the divorce is simple or contested. A simple divorce typically requires fewer forms compared to a contested divorce.
Contested Divorce Forms
- Form 8: Application: This form is used to file for a divorce when there are other contested issues such as property division, child custody, or support.
- Form 10: Answer: This form is used to respond to a divorce application. It involves providing your side of the story or your stance on the contested issues.
- Form 10A: Reply: This form is used to reply to new information raised by the Respondent in their Answer which the Applicant had not already dealt with in the Application.
Additional Steps and Documents
- Court Appearance: If the other party does not respond by filing Form 10, you may proceed on an uncontested basis. The specific steps are different in each jurisdiction and you should consult with a lawyer who is apprised of the local practices.
- Income and Financial Information: For matters involving spousal or child support, you will need to provide detailed financial information. This can include recent pay stubs, tax returns, and other proof of income.
- Property Division: If there are disputes over property or debts, you will need documents that detail the ownership and value of marital assets and liabilities.
- Child Custody and Support: Parenting schedules, child support calculations, and related documents must be submitted if these issues are part of the contested divorce.
- Proof and Evidence: Gather evidence to support your claims, whether it’s related to property division, spousal support, or child custody.
- Alternative Dispute Resolution: In some cases, mediation or arbitration can help resolve disputes without going to trial. Discuss these options with your lawyer to see if they’re suitable for your situation.
Legal Representation
Having a knowledgeable family lawyer can greatly assist in navigating the complexities of a contested divorce. Lawyers can help with:
- Filing and Responding to Applications: Ensuring that forms are correctly filled out and deadlines are met.
- Negotiation: Helping to negotiate terms related to property division, support, and custody.
- Court Proceedings: Representing you in court appearances and helping to present your case effectively.
- Mediation and Arbitration: Advising on and representing you in alternative dispute resolution processes to potentially avoid a trial if it’s in your benefit.
- Strategy Development: Working with you to develop a sound legal strategy tailored to your circumstances.
Contacting a Divorce Lawyer
For personalized assistance, you can contact Alves Law divorce lawyers for advice and representation. We provide guidance on how to handle contested issues and ensure that you comply with all legal requirements.
Legal Process
- Filing the Application: Begin by filing the proper forms to initiate the divorce process.
- Response from the Other Party: The other party needs to file a response, typically using Form 10.
- Reply by the Applicant: Reply to any new issues raised in the Answer.
- Case Conference: The first of, possibly, many court appearances before a judge.
- Motion: If there are issues that need to be resolved before trial, such as disclosure, or temporary arrangements for support or parenting, the person making the request may file a motion with supporting materials. A motion is like a battle where a judge will weigh the evidence before them and make a determination about the issue.
- Settlement Conference: Either reach a settlement through negotiation or mediation, or at a settlement conference.
- Trial: The final battle in the war of the court process where a judge will make a final ruling on any issues that the parties have not resolved on their own.
Handling Contested Issues
- Property Division: Disputes over the division of marital assets and debts can be complex. Proper documentation and legal counsel are important.
- Child Custody: Present clear evidence and proposals for custody arrangements to support your case.
- Spousal and Child Support: Financial support claims must be backed by accurate income information and analysis of the means, needs, and circumstances of the parties and the children.
Documents to Prepare
Prepare the following documents as part of your divorce process:
- Filing Fees Receipts: Keep records of all court fees paid.
- Financial Statements: Detailed accounts of your income, expenses, assets, and debts.
- Parenting Plans: If children are involved, a detailed plan outlining custody and visitation schedules.
- Settlement Proposals: Draft proposals for property division, spousal support, and child support.
Effectively managing the paperwork and legal requirements can make the divorce process smoother. Ensure that all documents are accurate, complete, and submitted on time. This is an area that Alves Law is very experienced in and can provide you with guidance if needed.
Main Differences Between an Uncontested and a Contested Divorce
Uncontested Divorce
- Both parties agree on all major issues such as parenting, spousal support, and child custody.
- Typically quicker and less expensive.
- Usually involves less emotional stress.
Contested Divorce
- Parties cannot agree on one or more critical matters.
- Requires legal intervention and possibly a court trial.
- More time consuming, costly, and emotionally draining.
Duration of the Contested Divorce Process in Ontario
The length of a contested divorce in Ontario on average takes 18 months to over 3 years to fully resolve.
Factors that affect the duration of a contested divorce:
- Delays can occur due to court schedules and the complexity of disputes like high-value assets or complicated child custody agreements.
- Court Schedules and Delays due to holidays or other scheduling challenges.
- If there is an unwillingness to compromise with one or both parties, delays are likely to happen.
- Inexperienced lawyers will lack the experience and tactics to efficiently represent you and build a robust legal strategy.
Court Battle Process
If both parties are unable to resolve any of the issues of parenting, child support, spousal support, or property by agreement, your case will go to trial. If you are engaged in a court battle, the overarching process is very similar to a lawsuit in any other context, like suing someone if they ran you over with their car.
It’s important to understand that there are strict processes and timelines that apply during a Divorce Trial.
Frequently Asked Questions
What are the main differences between contested and uncontested divorce proceedings in Ontario?
In Ontario, a contested divorce involves spouses who cannot agree on key issues, such as child custody, property division, or spousal support, leading to a legal dispute settled in court. An uncontested divorce occurs when both parties agree on all terms, making the process quicker and less costly.
How is the cost of a contested divorce determined in Ontario?
There are a couple of ways of understanding the cost of a divorce.
Firstly, most lawyers charge on an hourly basis. So the first thing to assess would be an estimate of how many hours of time are involved. A simple divorce, where parties agree on issues, is reasonably 10-15 hours of work. A divorce with only 1 contested issue is easily 40 hours of work. A divorce where many issues are contested, or where issues are opaque (ie: property issues where there is incomplete or inaccurate disclosure) can have potentially unlimited hours required.
Secondly, it is worth comparing the cost of a divorce lawyer to a realtor when selling a property with respect to fees. Outside of any discussion about quality of work, the commission paid to a realtor from sale proceeds is in the tens of thousands of dollars (if not more). The realtor’s job is to maximize sale value, in addition to getting things done in a timeline that works, giving good advice about staging, etc., and the duration of the realtor’s job is typically the 3 month listing agreement.
A divorce lawyer should provide even greater value. A good divorce lawyer should be able to give advice about the immediate issues, then strategize and advise for decades ahead. While hundreds of thousands of dollars is likely a steep price tag for this, a comparable tens of thousands for more than 1 years’ worth of work is usually worth it.
What are the typical steps involved in a contested divorce process in Ontario?
- Filing the Application: One spouse files for divorce using Form 8.
- Response: The other spouse responds with Form 10 if they disagree.
- Case Conference: Initial meeting with a judge to discuss unresolved issues.
- Settlement Conference: Efforts to resolve disputes before trial.
- Trial Preparation: Gathering evidence and preparing arguments.
- Trial: Both parties present their case, and a judge makes the final decision.
Who is responsible for legal fees in a contested divorce case in Ontario?
In Ontario, each spouse typically pays their own legal fees. However, a judge can order one party to pay the other's legal costs, especially if one party has behaved unreasonably during the process.
What factors can lead to a divorce being contested by one of the parties in Ontario?
Several factors can result in a contested divorce:
- Disagreements on Parenting and Decision Making: Who will care for and make decisions about the children.
- Disputes Over Property Division: How to divide assets and debts.
- Disagreements on Spousal Support: Whether one spouse should pay support and how much.
- Issues with Child Support: Amount and duration of child support payments.
- Spousal Support: Entitlement, or questions of how much and how long to pay.
How long is the process expected to last for a contested divorce in Ontario?
The length of a contested divorce process varies but can range from approximately 18 months to a few years, and there are cases where the battle has lasted for a decade or more. The timeline depends on the complexity of the issues, court schedules, and the level of cooperation between the parties. Simpler cases may resolve quicker, while more complicated disputes take longer to finalize.
