What to Expect in a Contested Divorce Hearing in Ontario Courts

Pre-Hearing Steps in a Contested Divorce

Before a contested divorce hearing takes place in Ontario, there are several important procedural steps designed to prepare the case and encourage settlement where possible.

1. Filing Applications, Responses, and Supporting Documents
   The process begins when one spouse (the applicant) files an Application for Divorce with the Ontario Superior Court of Justice. In contested matters, the application will include claims for relief—such as property division, custody, or support—along with supporting evidence. The other spouse (the respondent) must file a Response within the prescribed time frame, setting out their position and any counterclaims.
2. Disclosure of Financial Information
   Full financial disclosure is a cornerstone of family law in Ontario. Each spouse must complete and exchange a Financial Statement (Form 13 or 13.1, depending on the issues in dispute) listing income, expenses, assets, and liabilities.
3. Case Conferences and Settlement Meetings Before the Hearing
   Ontario’s Family Law Rules require parties to participate in one or more case conferences before a contested divorce can proceed to a full hearing. These conferences, presided over by a judge, are intended to:

• Identify the issues in dispute.
• Encourage settlement discussions.
• Set timelines for the exchange of documents and completion of necessary steps.

In some cases, additional settlement meetings or mediation sessions are held to try to resolve matters without the need for a contested hearing. If settlement is not reached, the court will schedule the matter for trial, and both sides will begin preparing their evidence and witness lists.

Preparing for the Hearing

Thorough preparation is essential in a contested divorce in Ontario, as the outcome will depend heavily on the strength of the evidence and arguments presented.

1. Gathering Evidence
   Your lawyer will guide you in compiling all relevant documentation to support your case. This may include:

• Financial records such as bank statements, tax returns, credit card statements, and proof of income.
• Property appraisals for real estate, vehicles, businesses, or other significant assets.
• Witness statements from individuals who can testify about parenting abilities, financial contributions, or other relevant matters.
• Expert reports from professionals like accountants, pension valuators, or child psychologists, depending on the issues in dispute.

2. Working with Your Lawyer to Develop a Legal Strategy
   A contested divorce requires a clear, tailored legal strategy. Your lawyer will assess the strengths and weaknesses of your case, identify key legal arguments, and determine the best way to present your evidence.
3. Understanding Ontario Court Rules and Timelines
   Ontario’s Family Law Rules set strict timelines for filing documents, serving materials on the other party, and disclosing evidence. Missing deadlines can result in penalties, exclusion of evidence, or delays in the hearing.

Structure of a Contested Divorce Hearing in Ontario

A contested divorce hearing in Ontario follows a structured process to ensure both parties have a fair opportunity to present their case. While the exact sequence can vary depending on the judge and complexity of the issues, the general structure includes the following stages:

1. Opening Statements by Each Party’s Lawyer
   The hearing typically begins with opening statements, where each lawyer outlines their client’s position, the key issues in dispute, and the evidence they intend to present. Opening statements are not arguments—they are meant to give the judge a roadmap of what to expect during the proceedings.
2. Presentation of Evidence and Witness Testimony
   The applicant’s lawyer usually presents their case first. Witnesses can include the parties themselves, family members, friends, or experts such as accountants, appraisers, or child specialists.
3. Cross-Examination and Rebuttals
   After each witness testifies, the opposing lawyer has the right to cross-examine them. This is an opportunity to challenge credibility, highlight inconsistencies, or present alternative interpretations of the evidence. Once the respondent presents their own evidence and witnesses, the applicant’s lawyer may also engage in cross-examination. In some cases, rebuttal evidence may be allowed to address new points raised during the hearing.
4. Closing Submissions to the Judge
   Once all evidence has been presented, each lawyer delivers closing submissions. This is where they summarize the key facts, link them to relevant legal principles under the Divorce Act and Ontario family law, and explain why the judge should rule in their client’s favour. The judge will then either deliver a decision immediately or reserve judgment and release it in writing at a later date.

How Judges Make Decisions in Contested Divorce Cases

In a contested divorce in Ontario, judges must make rulings based on both the facts presented in court and the applicable laws.

1. Applying the Divorce Act and Family Law Act
   Two main statutes guide divorce decisions in Ontario:

• The Divorce Act governs issues such as granting the divorce itself, determining custody (decision-making responsibility), and setting child support obligations.
• Ontario’s Family Law Act covers matters like property division, spousal support, and enforcement of domestic contracts.

Judges must interpret and apply these laws consistently, while also considering relevant case law from prior court decisions.

2. Weighing Evidence and Credibility of Witnesses
   Judges assess all documentary and oral evidence presented during the hearing. A critical part of the process is evaluating credibility—whether the witness appears honest, consistent, and reliable. If evidence is incomplete, inconsistent, or appears fabricated, it can weaken a party’s position.
3. Considering the Best Interests of Children in Custody Matters
   When parenting arrangements are in dispute, Ontario courts must prioritize the best interests of the child. This involves considering factors such as:

• The child’s physical, emotional, and psychological well-being.
• Stability in living arrangements and schooling.
• Each parent’s ability to meet the child’s needs.
• The child’s own views and preferences, depending on age and maturity.

Possible Outcomes of the Hearing

At the end of a contested divorce hearing in Ontario, the judge will issue one or more orders that resolve the disputed issues.

1. Court Orders for Property Division, Spousal Support, Child Support, and Parenting Arrangements
   The court may make rulings on:

• Property division – Determining each spouse’s Net Family Property (NFP) and ordering equalization payments where appropriate.
• Spousal support – Deciding whether one spouse is entitled to support, and if so, the amount and duration.
• Child support – Setting payments in accordance with the Child Support Guidelines, including provisions for special or extraordinary expenses.
• Parenting arrangements – Establishing decision-making responsibility, parenting time schedules, and any conditions or restrictions in the best interests of the child.

2. Interim vs. Final Orders
   The judge may issue:

• Interim orders – Temporary rulings that remain in place until the case is fully resolved or a final order is made.
• Final orders – Permanent decisions (subject to appeal or variation) that conclude the contested issues before the court.

In some cases, a hearing may address only specific matters, leaving other issues to be resolved at a later stage.

3. Costs and Fee Awards
   Ontario courts have discretion to order one party to pay a portion of the other’s legal costs. Cost awards are typically based on factors such as:

• The reasonableness of each party’s conduct during the case.
• Whether settlement offers were made and refused.
• The outcome of the hearing compared to the positions each party took.

Post-Hearing Considerations

Once a contested divorce hearing concludes in Ontario, the focus shifts to ensuring that the court’s decisions are implemented and, if necessary, challenged or enforced.

1. Implementing Court Orders
   Parties must comply with the terms of the court’s orders, whether they relate to property division, spousal support, child support, or parenting arrangements. Implementation may involve transferring funds or property, updating legal ownership documents, or following the parenting schedule outlined in the order. In cases involving property or asset division, lawyers often coordinate with financial institutions, land registry offices, or pension administrators to complete the required transactions.
2. Options for Appeal or Variation
   If a party believes the judge made an error in law, fact, or procedure, they may have the right to appeal the decision to a higher court. Appeals must be filed within strict timelines, and not all disagreements qualify—there must be a legitimate legal basis for challenging the decision.
   Separately, variation applications can be made if there has been a material change in circumstances after the final order (for example, a significant change in income affecting support payments or a change in a child’s needs affecting parenting arrangements).
3. Enforcement Mechanisms in Ontario Family Law
   When one party fails to follow a court order, Ontario provides several enforcement tools. The Family Responsibility Office (FRO) can collect and enforce support payments through methods such as wage garnishment, bank account seizures, or driver’s licence suspension. For property or parenting orders, parties may need to return to court to seek compliance or request contempt proceedings.