How Long Does a Contested Divorce Take in Ontario?

Filing the Divorce Application

The process begins when one spouse files a divorce application with the Ontario Superior Court of Justice.

• Initiating the Divorce: The applicant completes and files a Form 8 (General Application) along with other necessary documents.
• Serving the Documents: The other spouse (the respondent) must be formally served with the divorce papers, often by a process server.
• Response Deadline: The respondent has 30 days (or 60 days if served outside Canada or the U.S.) to file a response.

This stage typically takes 2 to 4 weeks, depending on how quickly service is completed and whether the respondent meets the deadline.

Financial Disclosure

Financial disclosure is a mandatory step in any contested divorce in Ontario, including cases filed in Toronto. It ensures transparency and fairness when addressing issues such as spousal support, child support, and division of property.

• Sworn Financial Statements: Both spouses must complete and serve Form 13 (for support-only cases) or Form 13.1 (for property and support cases). These documents must be signed under oath and include full financial details.
• Details Required: Disclosures must include all sources of income, a complete list of assets (such as real estate, vehicles, bank accounts, and pensions), outstanding debts and liabilities, and ongoing monthly expenses.
• Consequences of Non-Disclosure: Failure to provide full and honest financial disclosure can result in court penalties, including cost orders, exclusion from evidence, or even a set-aside agreement or order. It may also delay proceedings, as the court cannot move forward without complete financial information from both parties.

Case Conferences and Early Resolution

After financial disclosure is exchanged, the next major step in a contested divorce in Ontario is the case conference—a crucial opportunity to resolve issues early and avoid trial.

• First Court Meeting: The case conference is typically the first scheduled court appearance. Both parties, along with their lawyers (if represented), meet with a judge to discuss the contested issues, such as child custody, spousal support, or property division.
• Focus on Settlement: The judge does not make final decisions at this stage but instead offers guidance and suggestions to help the parties resolve their disagreements. The goal is to encourage early resolution and streamline the case.
• Required Documentation: Parties must file a Case Conference Brief (Form 17A) outlining the issues and their proposed solutions. Additional documentation—such as updated financial statements or parenting plans—may also be required.

A case conference is usually held 2 to 4 months after the initial application is filed. If some issues are resolved here, it can significantly reduce the time and cost of the divorce process. However, if disputes remain unresolved, the case proceeds to further conferences or motions.

Settlement Conferences

If major issues remain unresolved after the initial case conference, the court will typically schedule a settlement conference—a key step aimed at narrowing the disputes and avoiding a full trial.

• Next Step in Contested Cases: A settlement conference is held only after a case conference has taken place and the parties are still in disagreement. It is a more focused and strategic meeting that deals with the unresolved issues in detail.
• Judicial Guidance: The judge reviews each party’s position and provides non-binding recommendations to help move the parties toward a mutually acceptable agreement. These recommendations often reflect what the judge might order at trial, encouraging realistic expectations.
• Chance to Settle Before Trial: The settlement conference is a critical opportunity to reach a final agreement without the financial and emotional cost of trial. If a resolution is reached, the judge can formalize the agreement in a court order.

This stage usually takes place 6 to 12 months into the process. Proper preparation—including filing a Settlement Conference Brief (Form 17C) and updating all disclosures—can greatly increase the chances of success at this conference.

Trial Management and Preparation

When a contested divorce in Ontario moves closer to trial, both parties must engage in comprehensive preparation. This phase is essential for organizing evidence, clarifying legal arguments, and complying with court procedures.

• Document and Witness Preparation: Each party must prepare affidavits, witness lists, and exhibits to present their case. This includes financial records, parenting evaluations, business valuations, or other supporting materials.
• Pre-Trial Motions and Scheduling: Lawyers may bring pre-trial motions to resolve specific legal issues, such as the admissibility of evidence or temporary orders. A Trial Management Conference (Form 17E) is also required to ensure both parties are ready and that court time is used efficiently.
• Last Opportunity to Settle: Judges will often encourage one final attempt at settlement during this stage, especially in high-conflict or high-cost cases. Many divorces that reach this phase are still resolved through last-minute negotiation.

This phase can take 2 to 6 months, depending on the complexity of the case and the court’s availability. Careful planning and coordination with your divorce lawyer are critical to ensure your position is effectively presented at trial.

The Divorce Trial

If all attempts at settlement fail, the contested divorce proceeds to a full trial, where a judge hears the case and makes binding decisions on the unresolved issues.

• Formal Court Hearings: The trial takes place in the Ontario Superior Court of Justice and may span several days or even weeks, depending on the complexity of the matters at hand—such as property division, parenting time, or spousal support.
• Presentation of Evidence: Both parties (or their lawyers) present witness testimony, expert opinions, and documentary evidence. Each side will cross-examine the other’s witnesses and argue their case based on law and fact.
• Final Judicial Order: After all evidence is presented, the judge will render a final decision, usually in the form of a written judgment. This order is binding and enforceable, covering all unresolved matters such as custody, access, support, and equalization of property.

The trial stage may add 6 to 12 months or more to the overall divorce process, especially in Toronto where court schedules are often backlogged. Once the final order is issued, the divorce is nearly complete—barring any appeals.