Contested Divorce in Ontario

1
Contested Divorce in Ontario
Contents Grounds for Divorce in Ontario
..................................................
..................................................
............ 2 Legal Grounds for Divorce under
Canadian Law......................................
.............................................
2 Impact of Grounds for Divorce on the Contested
Divorce Process ..................................
.................... 2 The Process of Contested
Divorce in Ontario................................
..................................................
......... 3 Initial Steps Filing a Divorce
Application.......................................
..................................................
..... 3 Response by the Other Party Contesting
the Application ..................................
................................. 3 Case
Conference Purpose and Expectations
..................................................
..................................... 3 Discovery
Process Exchange of Documentation and
Information.......................................
................ 3 Motions Interim Orders for
Support and Custody...............................
................................................
4 Settlement Conferences Attempting to Resolve
Issues Before Trial...............................
.................... 4 Trial What to Expect if a
Settlement is Not Reached.........................
..................................................
4 Alternative Dispute Resolution (ADR) in
Contested Divorce ................................
.................................. 4 Explanation
of ADR Methods ...................................
..................................................
........................... 4 Benefits of ADR in
Resolving Contested Divorce Issues................
..................................................
...... 5 When ADR Might Not Be Appropriate
..................................................
................................................
5 Visit DivorceGo Law Firm .......................
..................................................
.............................................. 6
2

• Grounds for Divorce in Ontario
• In Ontario, as in the rest of Canada, the legal
  framework governing divorce is established by the
  federal Divorce Act, which outlines the
  conditions under which couples can legally
  dissolve their marriage. Understanding the
  grounds for divorce is crucial for anyone
  navigating the complexities of ending a marital
  relationship, especially in cases of contested
  divorce. This detailed exploration provides
  insight into the legal grounds for divorce under
  Canadian law and explains how these grounds
  impact the contested divorce process.
• Legal Grounds for Divorce under Canadian Law
• The Divorce Act of Canada recognizes three
  principal grounds for divorce, which apply
  uniformly across all provinces and territories,
  including Ontario. These grounds are built on the
  concept that marriage dissolution should be
  permitted based on the failure of the marriage
  rather than assigning blame to either party. The
  grounds for divorce are
• Separation for One Year This is the most
  commonly cited ground for divorce. It requires
  that the spouses have lived separate and apart
  for at least one year prior to the divorce being
  finalized. Importantly, couples can be considered
  "separate and apart" even if they live in the
  same household, provided they demonstrate a clear
  intention to end the marital relationship through
  their actions, such as sleeping in separate rooms
  or leading separate lives in terms of social
  activities, finances, and household
  responsibilities.
• Adultery Adultery is another ground for divorce,
  where one spouse has had a sexual relationship
  outside the marriage. It's crucial for the spouse
  citing adultery as the ground
• for divorce to provide proof that the infidelity
  occurred. The complexity of proving adultery
  makes it a less commonly pursued ground for
  divorce, especially since the outcome of the
  divorce process does not typically affect the
  division of assets or spousal support.
• Physical or Mental Cruelty This ground for
  divorce is based on the premise that one spouse
  has subjected the other to severe physical or
  psychological harm, making continued cohabitation
  intolerable. Like adultery, proving cruelty can
  be challenging and requires substantial evidence
  of the abuse.
• Impact of Grounds for Divorce on the Contested
  Divorce Process
• In a contested divorce, one spouse disagrees with
  the divorce itself or the terms proposed by the
  other spouse concerning issues like child
  custody, support payments, or asset division. The
  grounds for divorce can significantly affect the
  dynamics of a contested divorce in several ways
• Separation as a Neutral Ground When the divorce
  is based on a one-year separation, the process
  tends to be less contentious in terms of
  establishing the right to divorce, as it does not
  require proving misconduct by either party.
  However, the specifics of the divorce agreement,
  such as asset division and child custody, may
  still be contested.

3

• Adultery and Cruelty If the divorce is sought on
  the grounds of adultery or cruelty, the
  proceedings may become more adversarial. The need
  to prove these grounds can lead to a more
  confrontational process, as it involves
  presenting evidence of the other spouse's
  misconduct. While proving adultery or cruelty
  might not directly influence the division of
  assets or custody arrangements under Canadian
  law, it can increase the emotional intensity and
  complexity of the divorce process, potentially
  leading to longer and more costly proceedings.
• Negotiations and Court Proceedings The grounds
  for divorce can influence negotiations and court
  proceedings. In cases where adultery or cruelty
  is alleged, the accused spouse might be more
  inclined to settle out of court to avoid public
  scrutiny of their personal life. Conversely, if a
  separation is the basis for the divorce,
  negotiations might focus more on practical
  arrangements for life post-divorce rather than
  the emotional aspects of the marital breakdown.

The Process of Contested Divorce in
Ontario Contested divorces in Ontario follow a
structured legal process that addresses the
complexities arising when spouses disagree on
terms of the divorce, including custody, support,
and the division of property. This detailed
overview outlines each step in the contested
divorce process, from the initial application to
the potential for a trial. Initial Steps Filing
a Divorce Application The process begins when
one spouse (the applicant) files an Application
for Divorce with the court, specifically stating
the grounds for divorce and the terms they are
seeking, such as child custody, support, and the
division of assets. This document is then served
to the other spouse (the respondent), marking the
formal start of the divorce proceedings. Response
by the Other Party Contesting the
Application Upon receiving the divorce
application, the respondent has a set period
(usually 30 days) to file an Answer if they
disagree with any of the terms proposed by the
applicant. This Answer must detail the
respondent's own terms and may include a
counterclaim for divorce on different grounds or
terms. This step formalizes the divorce as
contested. Case Conference Purpose and
Expectations The first court appearance is
typically a case conference, where both parties,
along with their lawyers, meet with a judge to
discuss the issues in dispute. The purpose of the
case conference is to encourage settlement and to
establish a roadmap for the divorce process. The
judge may offer a non-binding opinion to guide
settlement efforts and will make procedural
orders to ensure the process moves forward
efficiently. Discovery Process Exchange of
Documentation and Information
4
During the discovery process, both parties
exchange all relevant documentation and
information related to the divorce, including
financial statements, assets, and liabilities.
This step is critical for ensuring transparency
and fairness, allowing both parties to fully
understand the financial implications of the
divorce and to negotiate from informed
positions. Motions Interim Orders for Support
and Custody If immediate decisions are needed on
matters such as child support, spousal support,
or temporary custody arrangements, either party
can file a motion for an interim order. These
orders are temporary and intended to address
urgent issues until a final agreement is reached
or a trial occurs. Settlement Conferences
Attempting to Resolve Issues Before
Trial Settlement conferences are formal meetings
directed by a judge with the goal of resolving
outstanding issues without proceeding to trial.
Like case conferences, they provide an
opportunity for negotiation and settlement, but
with a stronger focus on finalizing the divorce
terms. The judge may provide a more forceful
opinion on likely outcomes if the case were to go
to trial, encouraging settlement. Trial What to
Expect if a Settlement is Not Reached If the
parties are unable to settle their disputes
through negotiations or settlement conferences,
the case proceeds to trial. During the trial,
both parties present evidence and arguments to
support their positions. Witnesses may be called,
and documents submitted as evidence. The trial
concludes with a judge making a final decision on
all contested issues, issuing a divorce judgment
that legally ends the marriage and determines the
terms of the divorce. A contested divorce trial
can be lengthy, emotionally challenging, and
costly. Parties are encouraged to consider
alternative dispute resolution methods, such as
mediation or collaborative law, to reach an
agreement outside of court. The contested divorce
process in Ontario is designed to provide
multiple opportunities for settlement before
reaching this stage, emphasizing the importance
of negotiation and compromise in resolving
marital disputes.
Alternative Dispute Resolution (ADR) in Contested
Divorce Alternative Dispute Resolution (ADR)
encompasses various techniques that provide a
means for disagreeing parties to resolve disputes
outside of the courtroom. In the context of a
contested divorce, ADR methods such as mediation
and arbitration offer alternative pathways to
reach mutually agreeable solutions without
undergoing the traditional litigation process.
Understanding these methods and their benefits
can greatly assist parties in navigating the
complexities of divorce proceedings more amicably
and efficiently. Explanation of ADR Methods
5

• Mediation Mediation involves a neutral third
  party, known as a mediator, who facilitates
  discussions between the divorcing parties to help
  them reach a voluntary agreement on their
  disputes. The mediator does not make decisions
  but guides the parties through negotiation,
  helping them communicate their needs and
  interests to find common ground. Mediation
  sessions are confidential, and agreements reached
  can be made legally binding.
• Arbitration Arbitration is a process where a
  neutral third party, known as an arbitrator,
  makes decisions on the contested issues after
  hearing arguments and evidence from both sides.
  Unlike mediation, the arbitrator has the
  authority to make binding decisions, similar to a
  judge in court. The process is generally less
  formal than court proceedings, and the parties
  can agree on the rules and scope of the
  arbitration.
• Benefits of ADR in Resolving Contested Divorce
  Issues
• Efficiency ADR methods are typically faster than
  going through the court system, allowing parties
  to resolve their disputes and move forward with
  their lives more quickly.
• Cost-Effectiveness By avoiding the lengthy
  process of litigation, parties can save
  significant legal fees and court costs associated
  with contested divorces.
• Flexibility ADR offers more flexibility in
  scheduling and procedures, making it easier for
  parties to participate and reach agreements that
  are tailored to their specific needs and
  circumstances.
• Confidentiality Unlike court proceedings, which
  are public, ADR processes are private, keeping
• personal and financial matters confidential.
• Control and Autonomy Parties have more control
  over the outcome, as they are directly involved
  in negotiating the terms of their settlement,
  rather than having a judge decide for them.
• Preservation of Relationships Especially
  important when children are involved, ADR methods
  focus on collaboration and communication, which
  can help maintain a cordial relationship
• between parties post-divorce.
• When ADR Might Not Be Appropriate
• Although ADR offers numerous advantages, it may
  not be suitable in all situations. Circumstances
  where ADR might not be appropriate include
• Domestic Violence In cases where there is a
  history of domestic violence, power imbalances
  can make mediation unsafe or unfair for the
  victim.

6
Visit DivorceGo Law Firm Looking to navigate
your divorce with expert guidance and support?
Visit DivorceGo for transparent litigation
pricing options tailored to meet your needs. Our
experienced team is ready to assist you at our
convenient locations. For personalized assistance
in Toronto, visit us at 45 Sheppard Ave E, Suite
500, or call us at [phone]. In
Mississauga, you can find us at 2 Robert Speck
Pkwy, Suite 750, or reach out by phone at (905)
949-1717. Take the first step towards a smoother
divorce process with DivorceGo.