Contested Divorce Lawyer
Contested Divorce means that the married spouses involved in the family law separation have been unable to resolve all of the issues arising out of their separation. Usually one party does not consent to a divorce order. The main issues that must be resolved before obtaining a divorce are:
- Property Division (Division of Assets) and Debts;
- Spousal Support;
- Child Support; and
- Parenting (Access) and Decision-Making (Custody) if there are children of the marriage.
How to Resolve a Contested Divorce in Ontario
- Usually, a contested divorce means that the parties have tried to settle the matter and were unsuccessful. As such, one of the parties will have to file an Application with the Superior Court of Justice. This is a process that requires a lot of preparation. Otherwise your Application may be denied by the filing office at the courthouse. The Application may have to be accompanied by additional documents. They may include: a Financial Statement and/or Affidavit in Support of Parenting Time and Decision-Making.
- If the documents comply with the Family Law Rules, the Court will issue the Application. Then you will receive it back with the signature of the clerk. You will have to serve the issued copy of the whole Application package on the opposing part by way of a special service. After having served it, you will need to file an Affidavit of Service. It will confirm that the Application (and all accompanying documents) have been served. The other party will contest your request, which will make your divorce a contested divorce.
- Once you complete all of the above steps, your matter would officially commence in court.
- There are different types of court appearance in family court. They include the following: First Appearance, Case Conference, Settlement Conference, Trial Scheduling Conference, and Trial Management conference, Motion.
- If you have not settled the matter during (or between) any of the mentioned court attendances, you will participate in a trial.