How to Win a Contested Divorce in Ontario – Key Legal Strategies

Hiring an Experienced Divorce Lawyer in Toronto

Why Legal Representation is Crucial in a Contested Divorce

Unlike an uncontested divorce, where both parties agree on all terms, a contested divorce involves legal battles over property division, child custody, and financial support. Without proper legal guidance, you risk losing valuable assets, paying excessive support, or facing an unfavourable custody arrangement.

An experienced divorce lawyer in Toronto can help you:

• Understand Your Rights: Ontario’s Family Law Act governs property division and support, while the Children’s Law Reform Act and the Divorce Act regulate child custody matters. A lawyer ensures that your legal rights are upheld throughout the process.
• Gather and Present Evidence: Proper documentation, including financial disclosures, parenting plans, and communication records, can significantly impact the court’s decision.
• Negotiate Fair Settlements: Even in contested divorces, settlement negotiations can prevent prolonged litigation. A skilled lawyer can help you achieve a fair outcome without unnecessary delays.
• Navigate Court Procedures: The Ontario court system has strict procedural requirements, deadlines, and legal formalities that must be followed. A lawyer ensures compliance, avoiding costly mistakes that could weaken your case.

What to Look for in a Toronto Divorce Lawyer

Choosing the right divorce lawyer is a critical decision that can significantly impact the outcome of your case. Here are key factors to consider when selecting a divorce lawyer in Toronto:

1. Specialization in Family Law

1. • Ensure the lawyer specializes in family law and has extensive experience handling contested divorces in Ontario.
   • Look for lawyers who regularly appear before Ontario family courts and are familiar with judges’ tendencies and legal precedents.

2. Proven Track Record

1. • Check client testimonials, online reviews, and case results to assess the lawyer’s reputation.
   • A lawyer with a history of successful outcomes in contested divorces will be better equipped to handle complex legal disputes.

3. Negotiation and Litigation Skills

1. • A skilled lawyer should be adept at negotiating settlements while also being prepared to advocate for you in court if needed.
   • Look for someone who can develop strong legal arguments and anticipate the opposing party’s strategies.

4. Transparent Fees and Costs

1. • Contested divorces can be costly, so discuss legal fees upfront.
   • Some lawyers offer flat fees, while others charge hourly rates—ensure you understand the billing structure before hiring.

5. Compatibility and Communication

1. • Since a contested divorce can be a lengthy process, hire a lawyer you feel comfortable with.
   • Clear and open communication is essential; your lawyer should keep you informed about case developments and respond to your inquiries promptly.

The Role of a Lawyer in Negotiating Settlements, Filing Documents, and Representing You in Court

A Toronto divorce lawyer plays a vital role in every stage of the contested divorce process, ensuring your rights and interests are protected.

1. Negotiating Settlements

1. • Before heading to court, your lawyer will attempt to negotiate a fair settlement through mediation or direct discussions with the opposing party’s lawyer.
   • Settlement discussions can cover child custody arrangements, property division, and spousal/child support payments.
   • If an agreement is reached, the terms will be drafted into a legally binding separation agreement.

2. Filing Court Documents and Meeting Deadlines

1. • If a settlement cannot be reached, your lawyer will file the necessary documents to proceed with the court case.
   • In Ontario, contested divorces require extensive paperwork, including:
     • Application for Divorce (Form 8): Outlines the claims and reasons for seeking a divorce.
     • Financial Statement (Form 13 or 13.1): Discloses assets, income, and debts for property division and support claims.
     • Affidavits and Evidence: Supporting documents that strengthen your case in court.
   • Missing deadlines or submitting incomplete forms can lead to case delays or dismissal, making legal assistance essential.

3. Court Representation and Litigation

1. • If negotiations fail, the case proceeds to trial, where your lawyer will present evidence, examine witnesses, and argue on your behalf.
   • The judge will review both parties’ arguments and make a legally binding decision on issues such as custody, support, and asset division.
   • A skilled lawyer will develop strong legal strategies, challenge opposing claims, and ensure the best possible outcome for you.

 

Gathering Strong Evidence to Support Your Case

Importance of Financial Disclosure in Property Division Disputes

Property division is one of the most contentious aspects of a contested divorce. Under Ontario’s Family Law Act, each spouse is entitled to an equalization of net family property, meaning assets and debts accumulated during the marriage are divided fairly. Full and accurate financial disclosure is crucial for ensuring a just settlement.

• What is Financial Disclosure?
  • Both parties must provide a complete and transparent account of their assets, liabilities, income, and expenses.
  • Common documents required include:
    • Bank account statements
    • Investment portfolios
    • Mortgage and property deeds
    • Business ownership records
    • Credit card and loan statements
• Why is Financial Disclosure Essential?
  • Prevents hidden assets from being excluded in the division.
  • Ensures both parties receive their fair share of the marital property.
  • Helps calculate accurate spousal and child support payments.
  • Failing to disclose assets can lead to court penalties, financial consequences, or even dismissal of claims.

Collecting Proof for Child Custody Cases

Child custody disputes in Ontario are determined based on the best interests of the child, as outlined in the Children’s Law Reform Act and the Divorce Act. To strengthen your case, you must present credible evidence demonstrating your ability to provide a stable, supportive environment.

• Types of Evidence for Child Custody Disputes
  • Parenting History:
    • Records of daily routines, caregiving responsibilities, and involvement in the child’s upbringing.
    • Evidence of a strong parent-child relationship, such as photos, communication records, or journal entries.
  • School and Medical Records:
    • Academic performance reports and attendance records showing parental involvement in education.
    • Doctor’s notes or therapist reports that support the child’s well-being and health under your care.
  • Witness Testimonies:
    • Statements from teachers, daycare providers, neighbours, or family members affirming your parenting ability.
  • Communication Logs:
    • Emails, text messages, and social media interactions reflecting your active role in the child’s life.
• Why This Evidence Matters
  • Courts favour parents who can demonstrate stability, responsibility, and a history of being actively involved in their child’s upbringing.
  • Solid documentation can help refute false claims made by the other party.

Gathering Documentation for Spousal Support Claims

Spousal support (also known as alimony) is often a point of contention in contested divorces. The Spousal Support Advisory Guidelines (SSAG) provide recommendations, but courts consider several factors, including the recipient’s financial need and the payor’s ability to provide support.

To build a strong spousal support claim, you need thorough financial documentation, including:

• Income Records:
  • Pay stubs, employment contracts, and salary statements from the last three years.
  • Business income records for self-employed individuals.
  • Proof of bonuses, commissions, or any additional income streams.
• Tax Filings:
  • T4 slips, CRA tax assessments, and annual tax returns to verify financial standing.
• Living Expenses:
  • Utility bills, rent/mortgage payments, childcare costs, and transportation expenses to demonstrate financial need.
  • Bank statements detailing monthly expenditures.
• Proof of Financial Contributions to the Marriage:
  • Evidence of unpaid labour, such as homemaking or caregiving, that impacted career advancement.
  • Documentation of financial sacrifices made for the spouse’s education or career.
• Why This Evidence is Important
  • Courts assess both the recipient’s need for support and the payor’s financial capability.
  • Proper documentation can help ensure a fair spousal support award and prevent disputes over income misrepresentation.

 

Developing a Solid Legal Strategy

Assessing Strengths and Weaknesses: Working with Your Lawyer to Build a Strong Argument

Before proceeding with a contested divorce, it is crucial to work with an experienced Toronto divorce lawyer to evaluate your case’s strengths and weaknesses. This assessment will help you develop a winning strategy tailored to Ontario’s family law system.

Key Considerations in Case Evaluation

1. Legal Standing and Evidence

1. • Assess the strength of your claims related to property division, spousal support, and child custody.
   • Identify gaps in documentation that may weaken your position and address them early.

2. Anticipating the Other Party’s Arguments

1. • Your lawyer will analyze the opposing party’s likely claims and prepare counterarguments.
   • If the other party alleges financial misconduct or disputes custody, your lawyer can help gather supporting evidence to refute these claims.

3. Understanding Judicial Precedents

1. • Courts in Ontario rely on past rulings and legal precedents to decide similar cases.
   • A knowledgeable lawyer will reference relevant case law to strengthen your arguments.

4. Determining the Best Course of Action

1. • Your lawyer will assess whether to pursue an aggressive litigation strategy or attempt negotiation first.
   • Some cases may be resolved more efficiently through settlement discussions rather than going to trial.

Using Mediation or Alternative Dispute Resolution (ADR): Exploring Settlement Options Before Trial

Litigation can be time-consuming, expensive, and emotionally draining. Before going to court, exploring settlement options through mediation or ADR can be a strategic move.

Benefits of Mediation and ADR in Contested Divorces

• Cost-Effective Solution:

• • Mediation and arbitration are typically less expensive than full-scale litigation.

• Faster Resolution:

• • Court proceedings can take months or even years, while mediation can lead to a quicker settlement.

• Maintaining Control Over the Outcome:

• • Unlike a trial where a judge makes the final decision, mediation allows both parties to negotiate and reach mutually acceptable terms.

• Less Adversarial Process:

• • Mediation fosters cooperation and reduces hostility, which is especially beneficial when children are involved.

How Mediation Works in Ontario

• A neutral third-party mediator helps both spouses negotiate a settlement.
• Discussions focus on property division, spousal support, child custody, and other disputed issues.
• If successful, a mediated agreement can be formalized into a legally binding separation agreement.
• If mediation fails, litigation remains an option.

Presenting a Strong Case in Court: Ensuring Your Arguments Are Well-Documented and Legally Sound

If a settlement cannot be reached, you must be fully prepared to present a compelling case in Ontario family court.

Steps to Build a Strong Court Strategy

1. Compiling Comprehensive Documentation

1. • Ensure all financial records, parenting plans, witness testimonies, and other supporting documents are well-organized.
   • Submit legally required documents on time to avoid procedural setbacks.

2. Preparing for Court Appearances

1. • Your lawyer will guide you on courtroom procedures, expected questions, and how to present yourself effectively.
   • Practicing clear, confident communication can enhance credibility before a judge.

3. Building Persuasive Legal Arguments

1. • Courts in Ontario base decisions on evidence and legal precedent rather than emotional appeals.
   • A strong case presents logical, fact-based arguments supported by documentation.

4. Cross-Examining Witnesses and Refuting Claims

1. • If the opposing party presents misleading or false statements, your lawyer will cross-examine their witnesses to challenge inconsistencies.
   • Expert witnesses, such as financial analysts or child psychologists, may strengthen your case.

5. Understanding Judicial Discretion

1. • Ontario judges have broad discretion in family law matters, meaning outcomes are case-specific.
   • Presenting a well-prepared, legally sound case increases the likelihood of securing a favourable decision.

 

Winning Child Custody Disputes

Understanding Ontario’s Best Interests of the Child Test Under the Children’s Law Reform Act

Ontario courts follow the Children’s Law Reform Act (CLRA) and the Divorce Act when deciding child custody matters. The overriding principle in every custody dispute is the best interests of the child.

Under Section 24 of the CLRA, courts consider multiple factors to assess what arrangement best serves the child’s well-being, including:

1. The Child’s Needs – Ensuring a stable, safe, and nurturing environment.
2. Parenting History and Involvement – Who has been the primary caregiver?
3. The Child’s Relationship with Each Parent – The emotional bond between the child and each parent.
4. The Child’s Views and Preferences – Depending on the child’s age and maturity, their preference may be considered.
5. Each Parent’s Ability to Provide Stability – Work schedule, financial stability, and home environment are assessed.
6. Parental Cooperation and Willingness to Co-Parent – Courts favour parents who demonstrate a willingness to communicate and cooperate in the child’s best interests.
7. Any History of Family Violence or Abuse – A parent with a history of domestic violence or neglect may face restrictions on custody.

Understanding these factors and aligning your legal arguments with the best interests of the child test can improve your chances of securing custody.

How Courts Determine Custody and Parenting Time

Ontario law distinguishes between two main types of custody:

• Decision-Making Responsibility (Legal Custody): The right to make major decisions about the child’s education, health care, and religious upbringing. It can be sole (one parent) or joint (both parents).
• Parenting Time (Physical Custody): The time a parent spends with the child, including daily caregiving responsibilities.

Common Custody Arrangements in Ontario:

1. Sole Custody: One parent has full decision-making authority and primary parenting time.
2. Joint Custody: Both parents share major decision-making responsibilities.
3. Shared Parenting: The child spends at least 40% of their time with each parent.
4. Split Custody: If there are multiple children, each parent has primary custody of at least one child.

Judges evaluate:

• Who has been the primary caregiver?
• How involved each parent is in the child’s education, health care, and extracurricular activities.
• Whether the parents can effectively co-parent without conflict.

If parents cannot agree on a custody arrangement, the judge may order a custody assessment conducted by a third-party professional, such as a social worker or psychologist, to evaluate the family’s situation.

Strategies to Demonstrate Stability, Parental Involvement, and Ability to Co-Parent

Winning custody requires demonstrating that you can provide a stable, supportive environment that prioritizes the child’s best interests. Here are key strategies:

1. Establishing a Stable Living Environment

• Ensure you have a safe and consistent home environment with adequate space for the child.
• Minimize frequent moves, as courts favour stability.
• Show financial stability, including the ability to cover the child’s basic needs.

2. Proving Strong Parental Involvement

• Keep records of daily caregiving activities, including meal preparation, homework assistance, and bedtime routines.
• Provide evidence of attending parent-teacher conferences, medical appointments, and extracurricular activities.
• Present school records, report cards, and doctor’s notes showing your engagement in the child’s well-being.

3. Demonstrating Willingness to Co-Parent

• Courts disfavor parents who alienate the child from the other parent or engage in parental conflict.
• Show a track record of cooperation through text messages, emails, or parenting plans demonstrating respectful communication with the other parent.
• If necessary, consider mediation to resolve disputes and show willingness to collaborate.

4. Presenting Strong Witness Testimony

• Teachers, childcare providers, family members, or neighbours can testify about your positive relationship with the child.
• A family doctor or therapist can provide expert testimony on your ability to provide a nurturing environment.

5. Avoiding Negative Behaviour That Can Harm Your Case

• Do not badmouth the other parent in front of the child or in court.
• Avoid posting negative comments on social media, as they can be used against you.
• Maintain a clean legal record, as any criminal or domestic violence history can negatively impact custody decisions.

 

Navigating Spousal and Child Support Disputes

Understanding the Spousal Support Advisory Guidelines (SSAG) and Child Support Guidelines in Ontario

Spousal Support Advisory Guidelines (SSAG)

Spousal support, also known as alimony, is financial assistance that one spouse may be required to pay to the other after separation. While spousal support is not automatic in Ontario, the Spousal Support Advisory Guidelines (SSAG) provide a framework for determining:

• Entitlement: Not every spouse is entitled to support. Courts consider whether one spouse needs financial support and whether the other has the means to pay.
• Amount: The SSAG provides a low, mid, and high-range estimate based on factors such as income and length of marriage.
• Duration: Spousal support can be short-term, long-term, or indefinite, depending on the circumstances.

Factors Influencing Spousal Support Decisions:

1. Length of the Marriage:

1. • Longer marriages generally result in higher and longer spousal support payments.
   • Shorter marriages may result in temporary support, especially if one spouse sacrificed career opportunities for the relationship.

2. Income Disparity:

1. • If one spouse earns significantly more than the other, support is more likely.
   • Courts assess employment history and whether the lower-income spouse can become financially self-sufficient.

3. Contributions to the Marriage:

1. • If one spouse stayed home to raise children while the other built a career, support is often granted to compensate for lost earning potential.

4. Financial Need and Ability to Pay:

1. • The recipient must prove financial need, and the payor must have the means to provide support.

Child Support Guidelines in Ontario

Child support is a legal obligation, and payments are determined using Ontario’s Child Support Guidelines, which align with the Federal Child Support Guidelines. These guidelines ensure that children receive financial support from both parents, even after divorce.

Key Aspects of Ontario’s Child Support Guidelines:

1. Income-Based Calculation:

1. • Payments are based on the payor’s gross annual income and the number of children.
   • The government provides Child Support Tables outlining monthly payment amounts for different income levels.

2. Special and Extraordinary Expenses (Section 7 Expenses):

1. • Additional expenses such as daycare, medical costs, extracurricular activities, and post-secondary education may be shared proportionally based on each parent’s income.

3. Child Support and Parenting Time:

1. • If the child spends at least 40% of the time with each parent, shared custody rules apply, which may affect payment amounts.

4. Legal Obligation:

1. • Unlike spousal support, child support cannot be waived as it is considered the right of the child.

How Courts Calculate Support Payments Based on Income, Length of Marriage, and Financial Need

Spousal Support Calculation

While there is no fixed formula, the SSAG provides guideline ranges based on:

• The payor’s and recipient’s gross incomes
• The length of the marriage or cohabitation
• Whether there are dependent children

Example Calculation:

• A spouse earning $100,000 per year and a lower-income spouse earning $30,000
• After a 15-year marriage, spousal support could range from $1,500 to $2,500 per month, depending on factors like financial need and child-related expenses.

Child Support Calculation

• If the payor earns $80,000 per year and has two children, the Ontario Child Support Table estimates monthly child support at $1,200.
• If both parents share equal parenting time, child support may be adjusted to reflect each parent’s financial responsibility.

Strategies to Ensure Fair Financial Arrangements

For the Payor (Spouse Paying Support):

• Ensure Accurate Income Reporting:
  • Courts base support on gross income; if self-employed, ensure tax filings reflect actual earnings.
• Negotiate Lump-Sum vs. Monthly Payments:
  • In some cases, a lump-sum payment can help avoid long-term disputes.
• Demonstrate Financial Constraints:
  • If you face financial hardship, provide bank statements, debt records, and expense breakdowns to support your claims.

For the Recipient (Spouse Receiving Support):

• Document Financial Need:
  • Keep records of monthly expenses, childcare costs, and income limitations to justify support.
• Seek Legal Advice Before Accepting a Settlement:
  • A divorce lawyer can ensure you do not accept an unfairly low offer.
• Request a Cost-of-Living Adjustment (COLA) Clause:
  • Ensure payments increase with inflation or changes in financial circumstances.

 

Protecting Your Property and Assets

Ontario’s Equalization of Net Family Property Rule

Ontario follows the equalization of net family property (NFP) principle under the Family Law Act. This rule ensures that married spouses share the increase in net worth accumulated during the marriage but do not necessarily split assets 50/50.

How Equalization Works:

1. Each spouse calculates their net family property (NFP) by subtracting:

1. • Assets owned at the date of marriage (except the matrimonial home).
   • Debts and liabilities at the date of separation.

2. The spouse with the higher NFP must pay the other spouse half the difference to equalize property division.

Important Considerations:

• The matrimonial home is treated differently. Even if one spouse owned it before marriage, it is subject to equal division if it was the family home at separation.
• Debts accumulated during the marriage are also considered in equalization calculations.

Steps to Ensure a Fair Division of Assets

1. Identify and Document All Marital Assets

• Create a detailed inventory of all assets, including:
  • Real estate (matrimonial home, vacation properties).
  • Bank accounts and investments.
  • Pensions, RRSPs, and retirement savings.
  • Business ownership and shares.
  • Vehicles, valuable collectibles, and other significant property.
• Gather supporting documents, including title deeds, financial statements, and tax returns.

2. Hire a Financial Expert for Asset Valuation

• If assets like business interests, pensions, or investment properties are involved, obtain a professional valuation to ensure accurate division.
• Courts may require actuarial assessments for pension division.

3. Protect Personal and Excluded Assets

Certain assets may be excluded from equalization, including:

• Gifts or inheritances received during the marriage (if kept separate from marital property).
• Insurance settlements for personal injury claims.
• Assets listed in a valid prenuptial or marriage contract.

If you believe certain property should be excluded, you must provide clear evidence that it qualifies.

4. Consider Mediation for Asset Division

• Negotiating outside of court through mediation can help avoid costly litigation.
• Mediation allows more flexibility in how assets are divided, rather than relying on a judge’s decision.

5. Protect Your Rights to the Matrimonial Home

• If you want to remain in the home, negotiate buyout options or a temporary occupation order.
• If selling the home, ensure equitable division of proceeds after mortgage and selling costs.

How Prenuptial or Marriage Contracts Impact Property Division

A prenuptial agreement (prenup) or marriage contract can override Ontario’s equalization rules, provided it meets legal requirements. These agreements outline how assets will be divided in the event of divorce, offering financial protection.

Key Benefits of a Marriage Contract:

• Protects Pre-Marital Assets: Ensures a spouse retains ownership of pre-marriage property, businesses, or investments.
• Excludes Certain Assets from Equalization: Helps safeguard inheritances, gifts, or specific financial accounts.
• Clarifies Spousal Support Obligations: Some contracts specify waivers or limits on spousal support.
• Reduces Conflict in Divorce Proceedings: A clear agreement can prevent lengthy disputes over assets.

When is a Marriage Contract Invalid?

• If one spouse did not fully disclose financial information.
• If it was signed under duress or coercion.
• If it does not comply with Ontario’s Family Law Act requirements.

 

Avoiding Common Mistakes That Can Hurt Your Case

1. Ignoring Court Orders or Missing Deadlines

Why It’s a Problem:

• Family court operates under strict timelines, and missing a court date or filing deadline can lead to delays, case dismissals, or even rulings against you.
• Ignoring temporary court orders (such as child custody, financial disclosure, or spousal support orders) can result in contempt of court charges, fines, or loss of parental privileges.

How to Avoid It:
✅ Keep track of all court dates and filing deadlines.
✅ Work closely with your divorce lawyer to ensure timely submission of documents.
✅ Always comply with court-ordered support payments, parenting arrangements, or asset disclosures.
✅ If you cannot meet a deadline or comply with an order due to unforeseen circumstances, notify the court and request an extension or modification.

2. Failing to Disclose Financial Information

Why It’s a Problem:

• Ontario law requires full financial disclosure in divorce proceedings. Failing to disclose assets, income, or debts can lead to court penalties, loss of credibility, and even reopening of property division settlements.
• Courts can order forensic accounting to investigate hidden assets, which may result in you paying your spouse’s legal costs.

How to Avoid It:
✅  Provide accurate and complete financial records, including:

• Income statements, tax returns, pay stubs
• Bank accounts, RRSPs, pensions, real estate assets
• Business financials (if self-employed)
  ✅  Be transparent in all financial declarations to prevent accusations of dishonesty.
  ✅ I f you suspect your spouse is hiding assets, work with a lawyer to request court-ordered financial disclosure or forensic accounting.

3. Speaking Negatively About Your Spouse in Front of Children or on Social Media

Why It’s a Problem:

• Family court judges highly disapprove of parents who speak negatively about their spouse in front of children, as it can damage a child’s emotional well-being.
• Social media posts can be used as evidence in court. Anything posted about your ex, your finances, your children, or the divorce process can be taken out of context and harm your case.

How to Avoid It:
✅  Keep all conversations with your children neutral regarding the divorce. Avoid blaming the other parent.
✅  Assume everything you post on social media can be used in court—avoid posting about your finances, lifestyle, or disputes with your spouse.
✅  If you need emotional support, confide in close friends or a therapist privately, rather than airing grievances publicly.
✅  If your ex is speaking negatively about you, document the behavior and bring it up in court professionally, rather than retaliating.

4. Refusing to Negotiate in Good Faith

Why It’s a Problem:

• Courts in Ontario expect both parties to attempt to resolve disputes amicably through negotiation or mediation before proceeding to trial.
• If a judge believes you are deliberately delaying proceedings or refusing reasonable settlement offers, it could impact decisions on custody, support, and legal costs.

How to Avoid It:
✅  Be open to negotiation on financial and parenting matters where possible.
✅  Consider mediation or Alternative Dispute Resolution (ADR) to resolve key issues before trial.
✅  If a fair settlement offer is presented, weigh its pros and cons rationally rather than rejecting it out of spite.
✅  Keep all communication professional and respectful, even if you disagree with your ex-spouse.

 

The Court Process for a Contested Divorce in Ontario

1. Filing for Divorce: Initiating the Process

A contested divorce begins when one spouse (the applicant) files a divorce application with the Ontario Superior Court of Justice or the Family Court branch of the Superior Court. The other spouse (the respondent) is then served with the application and has the right to respond.

Key Steps in Filing for Divorce:

✅ Prepare and File the Divorce Application

• Form 8: General application for divorce (if including claims like custody, support, or property division).
• Form 36: Simple divorce application (if no disputes exist).

✅ Serve the Respondent

• The applicant must ensure the divorce papers are properly served within Ontario’s legal timelines.

✅ Responding to the Divorce Application

• The respondent has 30 days (if in Canada) or 60 days (if outside Canada) to file a response using Form 10 (Answer) if they contest the claims.
• If they fail to respond, the applicant may request a default judgment, allowing the divorce to proceed uncontested.

2. Case Conference: Early Meeting to Resolve Disputes

The first court appearance in a contested divorce is usually a case conference, which is a mandatory meeting with a judge to explore early resolutions and clarify legal issues.

Purpose of a Case Conference:

• Encourage settlement discussions and limit unnecessary litigation.
• Identify key areas of dispute, such as custody, support, or division of assets.
• Ensure both parties have disclosed financial and legal information.
• The judge may suggest mediation or alternative dispute resolution (ADR) before proceeding to trial.

Important: No final orders are made at this stage, but the judge may provide recommendations to help narrow down the issues.

3. Motions and Hearings: Requests for Temporary Orders

If immediate legal matters need to be addressed before trial, either party can file a motion for temporary orders related to:

• Child custody and parenting time
• Child and spousal support payments
• Exclusive possession of the matrimonial home
• Financial disclosure requirements

How Motions Work in Ontario Family Court:

✅ The party filing the motion submits an affidavit (Form 14A) outlining why the temporary order is needed.
✅ The responding party can oppose the motion by filing a counter-affidavit.
✅ A judge will review the evidence and issue temporary orders that remain in effect until the final divorce ruling.

These temporary orders can significantly impact the final divorce judgment, so it is critical to present strong legal arguments during motion hearings.

4. Trial: Final Resolution if No Settlement is Reached

If all previous attempts to resolve disputes fail, the case proceeds to trial, where a judge makes the final decisions on custody, support, and property division.

What to Expect at Trial:

✅  Presenting Evidence – Each party submits documentation, witness testimonies, and legal arguments.
✅  Cross-Examinations – Lawyers question each party and any witnesses to challenge their claims.
✅  Judicial Decision – The judge reviews the case and issues a final divorce order.

Key Legal Strategies Winning a Divorce Case Winning Child Custody Disputes