Common Reasons for Contested Divorces in Ontario
Child Custody and Parenting Disputes
Disagreements Over Decision-Making Authority
In Ontario, decision-making responsibility (formerly referred to as “custody”) determines who can make important choices regarding the child’s education, health care, religion, and general welfare. One parent may seek sole decision-making rights, while the other insists on joint authority. These disputes often arise when communication has broken down or trust has eroded.
Conflicting Parenting Schedules
Another common point of contention is the parenting time schedule (previously “access”). One parent may want more time than the other is willing to offer, or disagree on how weekends, holidays, and vacations should be divided. These disputes are often fuelled by concerns about logistics, lifestyle differences, or a desire for control.
Allegations of Unfit Parenting or Abuse
Allegations of neglect, abuse, or substance misuse can escalate parenting disputes into serious legal battles. When one parent questions the other’s ability to care for the child safely, courts must often rely on third-party professionals, such as the Office of the Children’s Lawyer or child psychologists, to assess the situation.
How to Resolve These Disputes:
- Mediation and Parenting Coordination: Family mediators or parenting coordinators can help both parties focus on the child’s best interests and reach a practical agreement outside of court.
- Child-Focused Parenting Plans: Courts in Ontario encourage detailed parenting plans that clarify decision-making responsibilities and schedules to avoid future disputes.
- Independent Assessments: In high-conflict cases, a professional assessment may be ordered to help the judge determine what arrangement serves the child’s best interests.
Division of Property and Assets
Disputes Over Valuation of Matrimonial Home
The matrimonial home holds unique status under Ontario law. Regardless of who owns the title, both spouses typically have an equal right to possession until divorce is finalized. However, determining the home’s fair market value can lead to conflict—especially in a city like Toronto, where property prices fluctuate and appraisals can vary. One spouse may argue that the home is worth more or less to influence the equalization payment.
Unequal Contributions to Joint Assets
Spouses often dispute how much each contributed to the acquisition or upkeep of shared assets. For example, one may have paid most of the down payment or mortgage while the other contributed through unpaid domestic work. These differences can become flashpoints in negotiations, especially when one party feels entitled to a larger share.
Complex Business or Investment Holdings
Entrepreneurs, business owners, or high-net-worth individuals may have complex assets such as corporations, professional practices, or investment portfolios. Valuing and dividing these assets is challenging, particularly when they’re privately held, involve third-party interests, or contain international components. Hidden income or deferred tax liabilities can also complicate matters.
How to Resolve These Disputes:
- Hire Financial Experts: Chartered business valuators, forensic accountants, or real estate appraisers can provide unbiased evaluations to support fair division.
- Use Legal Disclosure Tools: Ontario courts require full and frank financial disclosure. Legal counsel can help ensure all property is properly identified and valued.
- Negotiate or Mediate Settlements: Spouses may avoid costly litigation by using a mediator or collaboratively trained lawyer to reach a mutually acceptable property agreement.
Spousal Support Disagreements
One Party Seeks Support, the Other Resists
It is common for one spouse to request ongoing support due to financial need or to compensate for sacrifices made during the marriage (such as staying home to raise children). Meanwhile, the other may contest the claim, especially if they believe the requesting spouse can support themselves or the marriage was short in duration. This often leads to emotionally and financially charged disputes.
Disagreements About Income, Needs, and Duration
Determining how much support should be paid, and for how long, is rarely straightforward. Disputes can arise over what constitutes each spouse’s true income, what level of lifestyle should be maintained, or whether the support should be time-limited or indefinite. In longer marriages, the debate over “entitlement vs. need” can be particularly complex.
Self-Employment or Hidden Income Complicates Matters
In cases where a spouse is self-employed, owns a business, or has non-traditional sources of income (such as investments or cash earnings), it can be difficult to determine true earnings. There may also be concerns about income being intentionally underreported to reduce support obligations.
How to Resolve These Disputes:
- Refer to the Spousal Support Advisory Guidelines (SSAG): Although not legally binding, Ontario courts frequently rely on these guidelines to provide a starting point for determining appropriate support ranges.
- Use Forensic Financial Analysis: A forensic accountant or financial expert can help uncover hidden income and clarify the financial picture for both parties.
- Negotiate or Arbitrate Support Terms: Engaging in mediation or arbitration allows spouses to reach flexible, personalized agreements—often faster and more affordably than court.
Lack of Financial Disclosure
One Spouse Withholds Key Financial Records
Delays or outright refusals to share essential financial documents—such as tax returns, bank statements, or business ledgers—can stall divorce proceedings. This lack of cooperation not only prolongs the process but also raises suspicions about hidden wealth or financial manipulation.
Attempts to Hide Income or Assets
In some contested divorces, a spouse may actively try to obscure income by transferring assets to third parties, underreporting self-employment revenue, or creating fictitious debts. These actions are not only unethical—they can have serious legal consequences if uncovered by the court.
Legal Remedies Include Motions to Compel Disclosure
Ontario family courts require both spouses to provide full and frank financial disclosure. If one party fails to do so, the other may file a motion to compel disclosure. Judges can impose penalties, including costs, adverse inferences, or even striking pleadings, if a party continues to withhold critical financial information.
How to Resolve These Disputes:
- File Formal Disclosure Requests Early: Lawyers can issue timely requests under Ontario’s Family Law Rules to obtain required documents.
- Hire Forensic Accountants or Investigators: Experts can track down hidden income or transferred assets, especially in complex financial cases.
- Rely on the Court’s Enforcement Tools: Judges in Toronto have broad authority to enforce compliance, including issuing orders for disclosure and awarding costs to the non-offending party.
Emotional and Communication Breakdown
High-Conflict Personalities
Spouses with high-conflict tendencies may engage in blame, deflection, or aggressive behaviour throughout the divorce process. These individuals often struggle with negotiation and compromise, escalating minor issues into major disputes. Their unwillingness to collaborate can make legal proceedings more adversarial and emotionally draining for everyone involved.
Past Trauma, Infidelity, or Betrayal
Events such as infidelity, emotional abuse, or long-standing resentment can lead to a complete breakdown in trust. These deeply personal wounds often surface during legal negotiations, making it harder to separate emotional pain from practical decisions about parenting or finances.
Mediation May Be Difficult but Still Possible
While traditional mediation may not always be effective with high-conflict couples, alternative methods—such as shuttle mediation (where parties are in separate rooms) or involving trauma-informed mediators—can help facilitate progress. In some cases, early legal intervention may help establish boundaries and reduce the emotional temperature.
How to Resolve These Disputes:
- Use Structured Communication Tools: Communication through lawyers or structured mediation sessions can minimize direct conflict.
- Consider Parenting Coordinators: When parenting is involved, a neutral coordinator can help reduce friction and enforce compliance with agreements.
- Engage Mental Health Professionals: Therapists and counsellors can support both parties in processing emotions, leading to more productive negotiations.
Resolving the Disputes
Mediation and Collaborative Law Options
In high-conflict or complex cases, Mediation and collaborative family law offers a team-based approach—each spouse is supported by their own lawyer, and other professionals (such as financial or parenting experts) may be brought in. These methods are typically faster, more cost-effective, and less adversarial than court.
Court Intervention Through Case Conferences
If informal negotiations fail, the Ontario family court system includes built-in mechanisms to encourage settlement. Case conferences—mandatory early-stage court meetings—allow a judge to identify issues, suggest resolutions, and promote cooperation. If needed, further steps such as motions or trials follow, but the system is designed to resolve disputes early whenever possible.
