Divorce Lawyer Ontario: Contested, Uncontested and Mediated Divorce
Separation and divorce feel overwhelming, but the right family lawyers make the divorce process manageable. Our Ontario divorce lawyers handle everything from a straightforward uncontested divorce to a complex contested divorce application, covering child custody and access, child support, spousal support, division of property, and equalization of net family property.
If you have questions about divorce in Ontario, get in touch with our Ottawa family and divorce lawyers at 613-216-5044 or fill out a form online, and we will reach out to you.
RPB Law Ontario Divorce Lawyers Practise Family Law Only
Working with an experienced divorce lawyer helps ensure your legal rights are protected throughout your divorce proceedings, from the first conversation to the final order. We explain your options under federal and provincial law, then match you with the dispute resolution path that fits your situation.
What a Divorce Lawyer Does at Each Stage of the Divorce Process
Divorce is governed by the federal Divorce Act, while property and support for separating spouses also turn on Ontario’s Family Law Act. RPB Law offers practical legal advice and strategies grounded in what actually happens in Ontario family courtrooms.
- We handle disclosure
- Draft the agreements
- Attend mediation
- Litigate when litigation is genuinely necessary
Early on, the work is organisational: gathering income documents, listing assets and debts, and setting realistic expectations. Later it becomes strategic, because the terms you accept in year one will still bind you in year ten.
Most divorce cases are won in preparation, not in the courtroom.
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Our Divorce Law Services: Custody, Support and Property Division
Our family law firm helps families reach fair, timely, and cost-effective resolutions. Every divorce case raises the same questions. Who cares for the children? Who pays support? Who keeps the house? We represent clients in every type of divorce: contested, uncontested, mediated, and collaborative.
Child Custody, Parenting Time and Decision-Making Responsibility
Under the Children’s Law Reform Act and the Family Law Act, we build child-focused parenting plans, gather the supporting evidence, and work to resolve custody disputes through mediation or family arbitration before anyone sets foot in court, always measured against the best interests of the children. Where family violence is part of the history, safety comes first, and the plan is built around it.
Our team knows what Ontario judges expect to see in parenting arrangements.
Child Support and Spousal Support Under the Guidelines
We calculate child support using the Federal Child Support Guidelines, including section 7 expenses for daycare, orthodontics, and activities. Full financial disclosure comes first, because a support number built on incomplete income information will not survive scrutiny.
Spousal support works differently. It is not automatic. Entitlement must be established before the amount and duration are even discussed, and we assess it against the length of the relationship, income disparity, and the career sacrifices each spouse made. From there, we apply the Spousal Support Advisory Guidelines and pursue an interest-based settlement through mediation or collaborative practice.
Both sets of support obligations are enforced by the Family Responsibility Office once an order or filed agreement is in place. If spousal support must be litigated, we prepare a focused record and argue the case.
Division of Property, Pensions and Equalization of Net Family Property
We map every asset and liability for equalization: real estate, pensions, business interests, investments, then address the division of property and equalization of net family property under the Family Law Act. A prenuptial agreement or marriage contract can change the result. The matrimonial home gets special treatment: both spouses have an equal right to live in it until a separation agreement or court order says otherwise.
Ottawa’s largest employer is the federal public service, and a defined benefit pension is frequently the single most valuable asset in the marriage. Valuing one properly takes actuarial input. A rough estimate will not do. The Pension Benefits Division Act governs how credits earned during the marriage are split. Getting that number right is usually the difference between a fair division and a costly one.
Talk to a Divorce Attorney About Your Options
A confidential conversation, with no obligation to retain us. Bring your questions about custody, support, or the family home, and you will leave knowing where you stand.
Types of Divorce in Ontario: Contested, Uncontested and Mediated
Our practice handles the full range of divorce cases, and part of our job at the outset is telling you honestly which route your situation actually calls for. The cheapest path is rarely the fastest. The fastest is not always the one that holds up.
Contested Divorce
In a contested divorce, spouses disagree on key issues such as family property, business assets, or parenting decisions. These cases may involve litigation, court proceedings, and higher legal fees, but our legal team makes sure your interests are fully represented at every stage.
Contested does not mean hostile forever. A significant share of contested files settle once disclosure is complete and both sides can finally see the same numbers.
Uncontested, Simple and Joint Divorce Applications
An uncontested divorce, sometimes called an amicable divorce, is quicker and considerably more affordable. It suits couples who already agree on the major questions, from asset division to child arrangements.
Within this category, there are two routes worth knowing. A simple divorce is filed by one spouse when nothing is in dispute. A joint divorce is filed by both spouses together as co-applicants. Nobody has to be served, which further reduces stress and legal fees.
Divorce Mediation and Collaborative Divorce
RPB Law offers divorce mediation as a cooperative, cost-effective form of alternative dispute resolution. It helps couples resolve disputes respectfully, reach fair agreements, and finalise the divorce with less conflict and less expense.
Collaborative divorce goes further. Both spouses and their lawyers sign an agreement committing to settle out of court. Family arbitration is a third option, giving you a binding decision on a private timetable rather than the court’s.
The Ontario Divorce Process: Grounds, Filing and Costs
Under the Divorce Act, R.S.C. 1985, c. 3, a married couple can apply for a divorce in Ontario by showing there has been a breakdown of the marriage. Divorce is federal law. Divorce procedure is provincial, so the application is filed with the Ontario court and follows local practice directions.
Our divorce services cover the whole court process. We complete and file the documents for you. That is where most self-represented applications come unstuck.
Grounds for Divorce in Canada: Separation, Adultery and Cruelty
The Divorce Act calls the test a breakdown of a marriage. It can be proven in three ways:
- Separation for one year. The basis for a no-fault divorce, available once spouses have lived separate and apart for at least one year with no reconciliation.
- Adultery. The other spouse may seek an immediate divorce, but proof is required, and only the party who did not commit it can rely on this ground.
- Cruelty. Physical or mental cruelty that makes continued cohabitation intolerable. It requires evidence and often ends up being litigated.
There is also a residency requirement. You or your spouse must have been ordinarily resident in Ontario for at least one year before you file for divorce.
Filing Form 8A With the Superior Court of Justice
Every divorce filing in Ontario starts with Form 8A, the Application (Divorce). It is filed with the Superior Court of Justice in the region where you or your spouse lives; in Ottawa, the Family Court sits at 161 Elgin Street.
A simple application is served on the other spouse, who usually has 30 days to respond. A joint application is signed by both spouses and needs no service at all. Your original marriage certificate goes in with the file, so a missing certificate is the difference between a few months and a rejected application.
Court fees are paid in two stages, at filing and when the file is set down for the judge. Once a judge signs the divorce order, it takes effect 31 days later. You can then request your Certificate of Divorce, the document you need to remarry.
Our guide explains how to get your Certificate of Divorce step by step.
How Much a Divorce Lawyer Costs in Ontario
Legal fees depend on the route your file takes. So does time. An uncontested divorce is the least expensive outcome available. A contested divorce involving family property, pensions, or custody disputes takes more time and more resources, and costs accordingly.
During your initial consultation, we give clear estimates up front, and cost-effective billing is part of the promise this firm was built on.
If you want the full picture before you call anyone, we have written a detailed breakdown of how much a divorce costs in Ontario, including court filing fees.
Get a Clear Fee Estimate From Our Family Law Firm
No surprises, no open-ended retainer. Tell us about your situation, and we will tell you what it is likely to cost before you commit to anything.
Why Ottawa Families Choose RPB Family Law
We are a family law firm and nothing else. Every lawyer here practises family law exclusively. That focus is the reason we can move quickly on a divorce file, wherever in the province your spouse lives.
Serving Clients Across Ontario From Our Ottawa Office
Our office sits on Churchill Avenue North in Ottawa. Most of our divorce clients live in Ottawa and Eastern Ontario, from Kanata and Barrhaven to Cornwall and Pembroke, and we act for spouses elsewhere in Ontario by video when the file allows it. A spouse who was divorced abroad may also need a foreign divorce reviewed before remarrying here.
You can see the full list of communities we serve across Eastern Ontario.
Book a Confidential Consultation With an Ottawa Family Lawyer
Confidential, no obligation, and genuinely useful even if you never hire us. Call (613) 216-5044 or book online, and we will find you a time this week.
Divorce and Separation Agreement FAQs
Most divorces are settled long before anyone signs Form 8A, usually in a separation agreement that resolves parenting, support, and property first. Both spouses should get independent legal advice before signing one. These are the questions Ontario clients ask most often.
Do I Need a Lawyer to Get a Divorce in Ontario?
You can file an application for divorce yourself. Whether you should is a different question. An experienced divorce lawyer in Ontario helps you protect your rights, your assets, and your children’s arrangements, and helps you avoid the costly mistakes and delays that come from filing something the court rejects.
What Does a Divorce Attorney Do During the Divorce Process?
A divorce attorney manages every stage of your file and makes sure you understand each step.
In practice, that means:
- Filing and managing court documents, including the application for divorce
- Advising on grounds for divorce, such as adultery, cruelty, or legal separation
- Negotiating separation agreements covering parenting, support, and property
- Calculating net family property and evaluating assets and debts
- Representing you in litigation, including contested divorce applications
- Attending divorce mediation and guiding you toward an amicable resolution
How Long Does a Divorce Take in Ottawa?
An uncontested divorce with a signed agreement is usually processed within a few months of filing, though the one-year separation period has to run first. A contested divorce can take a year or more, depending on how quickly financial disclosure is exchanged.
We have written more on how long a divorce takes in Ontario if you want the detail.
Can We Settle Without Going to Court?
Usually, yes, and Ontario family law actively encourages it. Negotiation between lawyers, divorce mediation, and family arbitration all produce enforceable outcomes without a trial, and all three are faster and more private than litigation.
Court remains available if settlement talks fail or if there are safety concerns. Common-law partners never need a divorce at all, though they still need a separation agreement.
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Michael took out all the stress from the process.
Michael did a great job efficiently and quickly. I only had to provide him info. Michael took out all the stress from the process. His fees were also very reasonable.
