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Ontario Family Law Guide

Contested Divorce
in Ontario - What to Expect

A contested divorce occurs when spouses cannot agree on one or more issues. This guide explains the stages of contested proceedings, realistic timelines and costs, and how most cases settle well before reaching trial.

Updated 2025Contested Stages Explained95% Settle Before TrialLexaltico LLP

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1. What Makes a Divorce Contested?

A divorce becomes contested when either spouse files an Answer (Form 10) disputing one or more issues: parenting, property, support, or the divorce itself.

Filing an Answer does not mean going to trial. The vast majority of contested divorces settle before trial - often at case conference or through mediation. An Answer preserves your right to contest while negotiations continue.

Parenting Disputes

Decision-making responsibility
Parenting time schedules
Relocation with children

Financial Disputes

Business valuations
Pension division
Spousal support entitlement
Property division disagreements

2. Stages of Contested Proceedings

Application and Answer

One spouse files; the other files an Answer within 30 days contesting issues.

Case Conference (mandatory)

Mandatory meeting with a judge to narrow issues and attempt settlement. The most important early step.

Motions (if needed)

Urgent or interim relief - temporary custody, support, exclusive possession - while the case is ongoing.

Financial Disclosure

Full exchange of financial documents. Discoveries (oral questioning) in complex financial cases.

Settlement Conference

A focused judicial settlement attempt - a judge gives a frank assessment of likely outcomes.

Trial (if necessary)

Approximately 5% of contested divorces reach trial. The most expensive and uncertain outcome.

3. Motions for Interim Relief

Motion Type	Purpose
Temporary parenting order	Sets parenting schedule while the case is pending - often 1-3 years
Interim support	Temporary spousal or child support while the case proceeds
Exclusive possession	Order to remain in or leave the matrimonial home
Preservation order	Prevents one party from dissipating assets pending property division

Motions are expensive - typically $5,000-$20,000 in legal fees per motion. Consider whether an interim agreement through negotiation is possible before bringing a motion.

4. Settlement - How 95% of Cases Resolve

Approximately 95% of contested divorces settle before trial. Settlement can happen at any stage - through negotiation, mediation, or at a settlement conference. The earlier you settle, the less it costs and the faster you move forward.

Mediation is strongly recommended in most contested cases. A skilled family mediator facilitates settlement discussions confidentially. Mediation is typically faster, cheaper, and produces more durable outcomes than court-imposed orders.

5. Trial - The Last Resort

Feature	Reality
Cost per side	$30,000 - $150,000+ for a multi-day family law trial
Wait for trial dates in Toronto	12-24+ months after the proceeding begins
Outcome certainty	Very low - a judge decides, and outcomes often surprise both parties
Effect on children	High-conflict litigation is documented to harm children's wellbeing

Settlement almost always produces better outcomes than trial - faster, cheaper, more certain, less emotionally destructive, and better for any children. Advising clients to settle at the right number is one of the most valuable things a family lawyer does.

6. Contested Divorce Costs

Stage	Typical Legal Fees Per Side
Settled at case conference	$5,000 - $20,000
Settled through mediation	$8,000 - $30,000
Settled at settlement conference	$15,000 - $50,000
Proceeded to trial	$30,000 - $150,000+

7. Frequently Asked Questions

How long does a contested divorce take?

Typically 1-3 years from filing to resolution. Cases that settle early cost less and resolve faster. Cases that reach trial in Toronto can take 3+ years.

What is a case conference?

A mandatory early-stage meeting with a judge to review issues and facilitate settlement. The judge can make recommendations (not final orders). Often the first time both parties appear before a judge.

Should I try mediation?

Almost always yes, unless there is a history of domestic violence or significant power imbalance. Mediation is faster, cheaper, confidential, and produces more durable agreements than court orders.

Can my spouse be ordered to pay my legal fees?

Yes. Courts regularly award costs against parties who take unreasonable positions or behave badly in litigation. Costs awards in family court can be substantial - $10,000 to $50,000 or more.

Facing a Contested Divorce?

Contested divorces require lawyers who understand both litigation and negotiation. Our Toronto family lawyers appear at Superior Court regularly and have resolved thousands of contested matters.

Speak With a Divorce Lawyer →

Contested Divorcein Ontario - What to Expect