Do You Have to Go to Court for a Contested Divorce Trial in Ontario?

A contested divorce does not automatically end in a trial, but you should expect to attend court steps before one. If an answer is filed, a judge must hold at least one conference, subject to exceptions in rule 17(1.1) and (1.2). A case cannot be scheduled for trial unless a settlement conference has been held or a judge has ordered trial scheduling.

A case conference explores the chances of settlement and identifies which issues are and are not in dispute. A settlement conference aims to settle or narrow the disputed issues. Trial scheduling and trial management conferences come before any trial. Most parties in family cases must also attend a free Mandatory Information Program, which covers the court process, dispute resolution options and the effects of separation on children and adults.

Where appropriate, the Divorce Act also requires parties to try to resolve their issues through a family dispute resolution process such as mediation. Many issues can settle along the way, but that depends on the facts, so a lawyer can help you plan the steps ahead.