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Contested Divorce

Contested Divorce Step-By-Step

Step 1: Retain a Divorce Lawyer
The first step for anyone facing a contested divorce is to retain a Law Society of Ontario licenced lawyer - a trained professional who will guide you through the contested divorce process, helping you to understand the steps involved, the pitfalls to avoid, the documents required, and always be at your side to provide a clear explanation about what is happening at each every stage, from beginning to final resolution.

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Facing a Contested Divorce? Call 1-888-341-5889
 24/7 and speak directly to a lawyer.
Remember, there are two sides to every Contested Divorce - and we take yours!
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Step 2: Meeting With Your Lawyer
Once you've retained us, the next step is a face-to-face meeting with your lawyer. This meeting can be an in-person meeting, or a virtual meeting via court approved Zoom link - whatever works best for you. This is an information gathering meeting that will give you an opportunity to explain the situation from your point of view. Your lawyer will want to obtain a bio of yourself, your ex-spouse, and if you have any, your children. Your lawyer will also want to obtain information and documentation on your family finances, since the court mandates that, barring a legally binding pre-nuptial agreement, all family assets and liabilities must be split 50:50.

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Step 3: Settlement and Financial Disclosure Discussions With Your Ex-spouse's Lawyer
Once your lawyer has gathered enough information from you, contact will be made with with your ex-spouse's lawyer to discuss the possibility of a settlement without going to court - a much less expensive way to resolving a contested divorce action than going to trial. We will also establish a timeline for the exchange of financial disclosure, and if there are children involved, we will establish a time line for the exchange of parenting plans.

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Step 4: Discussion of Inexpensive Alternative Dispute Resolution Options
Once the information discussed in Step 3 has been gathered, you and your lawyer and your ex-spouse and your ex-spouse's lawyer will attempt to negotiate a settlement using alternative court approve dispute resolution mechanisms such as mediation, arbitration, or collaboration. These are cost and time-effective options that resolve the divorce issues and can create a settlement without the need of and expensive trial. Every effort will be made to negotiate a satisfactory settlement at this stage.

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Step 5: Case Conference 
If negotiations fail, a Case Conference will be booked with a Superior Court Judge. Typically, a Case Conference will involve both you and your ex-spouse and your lawyers. The purpose of a Case Conference is to inform the Judge of the issues preventing a successful negotiation and to hear each party’s view on these issues. The Judge may request additional disclosure or ask questions. The Judge may offer an opinion on the issues and endeavor to assist in the their resolution. In many cases, some or all of the issues may be resolved during or soon after the case conference. 

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Step 6: Settlement Conference 
If Case Conference negotiations fail, the Lawyers will then book a Settlement Conference with all parties attending and meeting again with the Judge in the hope of setting all outstanding issues rather than go to trial.

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Step 7: Pre-Trial Conference
If the Case and Settlement Conferences have failed to resolve all outstanding issues, a Pre-Trial Conference will be scheduled. During a Pre-Trial Conference, the lawyers and parties attending discuss both settlement of the action and any other matters necessary to ensuring the matter is ready for trial, including most importantly time estimates for witnesses and any steps that need to completed prior to trial.
 

Step 8: Trial
Divorce trials are held before a Superior Court Judge who ultimately will decide which side wins. Our lawyers are, first and foremost, seasoned litigators. Most have come up through the high-stakes, no holds barred, high-volume trial world of criminal litigation and they are at home and comfortable in any courtroom.

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If your Contested Divorce case is headed to trial, call 1-888-341-5889 24/7 and speak directly to a seasoned litigation lawyer. The initial consultation is always free. 
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Read what our clients have to say about us*:
I’m glad it is over and done with.  My mind has been all over the place at work and at home. It’s great to be back to straight thoughts.  I greatly appreciate it.  You did very well. Thank you for helping me!
E.B. Windsor ON

*Past results are not necessarily indicative of future results and may vary according to the facts in individual cases.
 

Facing a Contested Divorce?

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