What Happens at a Divorce Hearing or Court Date in Ontario?
If the other spouse files an answer, your divorce becomes contested, and a judge must hold at least one conference, subject to some exceptions. A respondent served in Canada or the US has 30 days to serve and file an answer, and 60 days if served elsewhere. 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 also attend a free Mandatory Information Program covering the court process, dispute resolution options and the effects of separation on children and adults.
To prepare, gather your financial documents and think about which issues are really in dispute. Where appropriate, parties must try a family dispute resolution process such as mediation. Exactly what happens at your appearance depends on your facts, so a lawyer can confirm.
Key takeaways
- A contested case needs at least one conference before a judge, subject to some exceptions.
- A case conference identifies what is in dispute, and a settlement conference aims to settle or narrow the issues.
- Most parties attend the free Mandatory Information Program.
- A case cannot be scheduled for trial unless a settlement conference has been held or a judge has ordered trial scheduling.