Contested Divorce

What is a Contested Divorce?

A contested divorce is when spouses cannot agree on one or more key issues: such as property division, spousal support, or parenting arrangements; and require the court to decide.

In Ontario, a contested divorce proceeds before the Ontario Superior Court of Justice (SCJ) under the Divorce Act (Canada). The court makes decisions based on the evidence presented, with all matters relating to child custody (decision-making responsibility) and child support determined in the best interests of the child.

This process typically involves multiple court appearances, including case conferences, settlement conferences, and possibly a trial. Both parties are required to provide full financial disclosure and may present evidence and witnesses to support their claims. Contested divorces can be time-consuming, costly, and emotionally challenging. The court may also encourage or require mediation or alternative dispute resolution to help resolve issues outside of trial. Ultimately, the judge will issue a binding decision to resolve all outstanding matters.