Ontario Divorce Information Network
Le Réseau d'information sur le divorce de l'Ontario
Negotiation Options
If you are researching a divorce or separation in Ontario, the Ontario Dispute Resolution Platform offers a suite of educational tools and resources that will clarify your legal rights, help you to make smart decisions, create a personalized separation plan, and provide you with continued support.
Resources
Frequently Asked
WHAT IS FINANCIAL DISCLOSURE?
WILL FAILURE TO COMPLETE FINANCIAL DISCLOSURE AFFECT MY SEPARATION AGREEMENT?
THE PARENTING PLAN?
FORMAL VALUATION OF PENSIONS
RESEARCHING SEPARATION OR DIVORCE IN ONTARIO?
LITIGATION?
- UNCONTESTED DIVORCE?
Useful Links
NEGOTIATION OPTIONS
The Mediation Process
Mediation is a more amicable divorce process where you and your spouse can together seek the assistance of a neutral family professional who will help you to create a Separation Agreement without going to court.
Mediation is usually the fastest and most cost-effective divorce process, and tends to help individuals to be better co-parents and better exes after your divorce.
The mediation process is confidential and more informal, typically encouraging better communication, more creative solutions, and a measure of control of your own separation process. All divorce processes are hard work and mediation is no exception. If you chose mediation, you will be expected to be in the same room with your spouse, discuss all issues with your spouse and make some difficult decisions with your spouse.
The Collaborative Process
The Collaborative Process is similar to the mediation process but different from a traditional litigated divorce in that you and your spouse agree to work together and work with a team of trained dispute resolution professionals to reach a balanced Separation Agreement without going to court. In fact, many collaborative lawyers will require you and your spouse to sign an agreement stating that you will not take your case to court.
Like mediation, Collaboration is all about you and your spouse negotiating together and trying to keep the separation as amicable as possible. Unlike litigation, the Collaborative process includes a team of dispute resolution professionals that are trained in specific areas of divorce expertise (legal, tax planning, children’s issues, etc.), which can help you and your spouse to navigate complex financial scenarios or emotionally-charged issues. This process is typically much cheaper than litigation and is particularly good at developing unique customized solutions with the assistance of these professionals.
The Litigation Process
Litigation is the traditional divorce process used to create a Separation Agreement between spouses. In the Litigation process you do not deal directly with your spouse yourself but instead hire a litigation lawyer to work on your behalf to negotiate your separation agreement. Your litigation lawyer will meet with you and then will negotiate directly with your spouse’s litigation lawyer.
In many cases, the litigation process is simply a negotiation process where your lawyer and your spouse’s lawyer will send proposals back and forth before eventually reaching a settlement. However, if your litigation lawyer is unable to reach a settlement with your spouse’s lawyer, you will need to enter into the court process and in very rare cases, go to a trial to resolve your dispute.
Because you are each paying for a professional to act on your behalf, litigation is usually more expensive than Mediation or the Collaborative process. You will pay your lawyer a retainer to cover the hourly fees that will be accumulated on your behalf as you move through the separation process. The length of the litigation process varies depending on the complexity of the case and you and your spouse’s willingness to resolve disputes, yet generally takes between 10-20 months to complete. However, some litigation files have been known to last over four years.
The Court Process
The Ontario court divorce process can be very expensive and may take a great deal of time to reach completion. In many cases, a simple divorce court process can take between 2-4 years to complete, and there are numerous accounts of cases needing over 7 years. The average cost of the court process in Ontario is $26,900 (typically $45,000 if the case reaches a trial).
Once you file your application for a contested divorce with the court, you begin following a very rigid process that allows little deviation. You will be required to attend a mandatory information program (MIP) that will explain to you the realities of the Ontario Divorce Court and suggest alternative processes such as a mediation and collaboration. Once completed you will be required to file your financial disclosures. Failure to complete financial disclosure on time will lead to serious delays in the length of the process and in the amount of expenditures.
Following financial disclosure, you will follow a schedule of first appearances, case conferences, settlement conferences, and eventually a trial management conference. Each of these stages is designed to encourage you and your spouse to settle your dispute prior to going to trial.
The Trial Process
A divorce reaching the trial stage is a rare event in Ontario. Typically, over 95% of divorce cases settle before going to trial. Trial is typically reserved for the most difficult people and the most complex cases, as getting to trial is a very long, emotional, and expensive process.
The trial is a formal examination of evidence in front of a judge, who has the final say and the authority to make decisions with respect to your situation. At the trial, your lawyer will submit evidence in favour of your position, and your spouse’s lawyer will submit evidence in favour of their position. Having heard the evidence, the judge will make a decision on the issues brought up during the trial.
A judge will likely decide in one of three ways: in favour of you, in favour of your spouse, or in favour of neither. Remember that when you go to court, you give up all decision-making authority to the judge. This is very important to note, especially when it concerns your children and your money. With all this in mind, trial by judge brings no guarantees that you will get the result you are looking for.
Resources learn more
The Ontario Divorce Information Network
IMPORTANT learn more
Articles to read for filing a divorce
CAN MY SPOUSE AND I LIVE IN THE SAME HOUSE AND BE CONSIDERED “SEPARATED” BY CRA?
HOW WILL A CHANGE IN MY MARITAL STATUS AFFECT MY DIVORCE AND TAXES?
CANADA CHILD BENEFIT:
WORKING INCOME TAX BENEFIT (WITB) ADVANCE PAYMENTS:
ARE YOU RESEARCHING SEPARATION OR DIVORCE IN ONTARIO?
THE SEPARATION AGREEMENT