COURT

Ending a marriage takes a lot of time, consideration and energy. Our experienced and knowledgeable lawyers will help you streamline an Uncontested Divorce by first negotiating a Separation Agreement that includes all the terms of your global settlement. If any aspect of your Divorce requires Court litigation, we can prepare the necessary documents and represent you in Court.

In Ontario, a Divorce can be Contested or Uncontested. How long it takes for your Divorce to be finalized will usually depend on which category it falls into.

What is an Uncontested Divorce?

An Uncontested Divorce is an Application for Divorce (Simple). There are no issues for a judge to adjudicate. You and your spouse have already negotiated and agreed upon all the terms of your global settlement (Property Division, Net Family Property Equalization, Parenting Plan, Child Support including Section 7 Special or Extraordinary Expenses, and Spousal Support).

If you have children together, you and your spouse are required to sign a Separation Agreement outlining your global settlement. The Court will only issue a Divorce Order if Child Support (including Section 7 Special or Extraordinary Expenses) is being paid in accordance with the Federal Child Support Guidelines.

If you do not have children together, you are not required to sign a Separation Agreement before you apply for an Uncontested Divorce, but it is still recommended that you do.

We will prepare your Application for Divorce (Simple) and serve them on your spouse. Your spouse does not have to do anything. After 30 days passes, we can take the next steps to process the divorce on your behalf.

The processing time from start to finish on an Application for Divorce (Simple) is 4 to 6 months. Normally, we wait until you and your spouse have been separated for more than 6 months before we start the process for you because the Court will not issue a Divorce Order until the anniversary date of your separation (meaning you and your spouse must be separated for more than 1 year for the Court to issue a Divorce Order).

Nobody needs to actually attend Court. The proper documents just need to be filed at Court at the appropriate time in accordance with the law and regulations.

What is Contested Divorce?

There are really only two choices: negotiation or confrontation; the easy way or the hard way. We’ve talked a lot about Alternative Disputes Resolutions (ADR) and out-of-Court settlements. Let’s talk about Court litigation. In our firm we believe that Court is a place of last resort. It is at the highest level in terms of cost and conflict.

Contested Divorces are often complicated. They also happen more easily than you might think. For instance, if you are engaged in traditional negotiations (aka lawyer-to-lawyer negotiations in the Process Options Chart), any miscommunication can result in an Application for Divorce (Contested Divorce) being filed and served. If you find yourself in Court, we will advocate for you during the Contested Divorce process and seek to minimize the impact on your life.

Keep in mind, just because you are in Court doesn’t mean that settlement isn’t possible. The reality is that very few Family Law cases go all the way to Trial. Most cases eventually settle. It may take a few Motions to get to that point, but Judges strongly encourage people to settle before they get to Trial.

When is Family Court Litigation Necessary?

In our experience, issues such as domestic violence (aka intimate partner violence), financial abuse, and hiding assets can frustrate attempts at fair negotiations through alternative dispute resolution techniques (aka out-of-court negotiations), such as Mediation or Collaborative Family Law. In these situations, our lawyers can bring an Application for Divorce (Contested) to Court for important temporary and final Court Orders for:

• Full and complete Financial Disclosure
• Parenting Arrangements (Custody and Access)
• Access to children by either parent until a Final Order can be issued
• Child Support (including Section 7 Special or Extraordinary Expenses) for dependent children
• Spousal Support
• Prevention of Depletion or Hiding of Assets
• Exclusive Possession of the Matrimonial Home and its Contents