Contested Divorce in Ontario: Case Conferences and Next Steps

A divorce becomes contested when the spouses disagree about the divorce itself or about issues such as support, parenting or property. The other spouse does not have to consent to a divorce, and no minimum length of marriage is required, but the court will delay the divorce if reasonable arrangements have not been made to support any children of the marriage.

This article walks through the usual court stages in Ontario, from starting the case to the settlement conference. Timing varies by courthouse, so treat this as a general map and confirm the details with a lawyer.

Starting the case and the answer

Either spouse can start a divorce by an application naming the other spouse as respondent. Form 8A is the Application (Divorce). Only the Superior Court of Justice, including its Family Court branch, deals with divorce and property claims. The clerk sets a first appearance at the Ontario Court of Justice unless you are asking for a divorce or making claims related to property.

Someone 18 or older, other than the applicant, must serve the documents. A respondent served in Canada or the US has 30 days to serve and file an answer. A respondent served elsewhere has 60 days.

The fee to file an application is $214. The fee to file an answer is $171, or $214 if the answer asks for a divorce. A separate federal $10 fee applies to any application or answer with a divorce claim. A person who cannot afford court fees can request a fee waiver, but the federal $10 fee cannot be waived.

Before the conferences: information and disclosure

Most parties in family cases must attend a free Mandatory Information Program (MIP). It covers the court process, dispute resolution options and the effects of separation on children and adults.

Anyone who claims support or property must serve and file a financial statement. Form 13 is for a support claim without a property claim, and Form 13.1 is for any property claim, whether or not support is also claimed. A claim for exclusive possession of the matrimonial home also requires you to serve and file a financial statement. There is an exception: if the only support claim is child support in the table amount, no financial statement is needed, unless there is also a property claim or a claim for exclusive possession of the matrimonial home. Financial statements must be sworn before a commissioner of oaths, with supporting documents.

Keep your disclosure accurate. You must correct a served financial document as soon as you find it is wrong, and if a party fails to disclose, the court can order the documents served and must award costs.

The conferences

If an answer is filed, a judge must hold at least one conference, subject to exceptions in the Family Law Rules. Parties attend these conferences.

A case cannot be scheduled for trial unless a settlement conference has been held or a judge has ordered trial scheduling.

Settling, withdrawing or moving toward trial

Where appropriate, parties must try to resolve their issues through a family dispute resolution process such as mediation, and lawyers must encourage them to do so. On-site mediation is free on the day a matter is scheduled in court.

A party may withdraw all or part of an application, answer or reply by serving a Notice of Withdrawal (Form 12). The withdrawing party must pay every other party's costs up to the withdrawal date, unless the court orders or the parties agree otherwise. The application, answer or reply of a special party or a child party can be withdrawn only with the court's permission.

What to do next

• Note the answer deadline and the date you were served.
• Complete the Mandatory Information Program if it applies to you.
• Prepare a sworn financial statement and supporting documents if your claims require one.
• Make a list of the issues you agree on and those in dispute before the case conference.
• Get legal advice before withdrawing anything, because costs may follow.

Frequently asked questions