Are you preparing to end your marriage? You are not alone. According to data from Statistics Canada, more than 50,000 couples get divorced nationwide each year. Divorce may not be rare—but that does not make the process any easier for the person who is actually going through it. Most people want to get through a divorce in the fastest, more stress-free manner possible. This raises an important question: Will my divorce go to trial? For most couples, the answer is now—but a trial will be needed if you and your spouse cannot reach a settlement. Here, our Ottawa divorce lawyer provides a more comprehensive overview of the key things to know about divorce trials in Ontario.
Two Categories of Divorce in Ontario
Broadly explained, divorces in Ontario can be split into two different categories: Those that are contested and those that are not contested.
- Uncontested Divorce: An uncontested divorce is a divorce that happens when both spouses agree on all key issues—from property division to child custody. Alternatively, it may simply be uncontested because the other spouse did not file an Answer and respond to the court Application.This process is typically faster and less expensive than a contested divorce, although there can be severe consequences for the spouse who did not respond to various claims.. A simple divorce application by one spouse and a divorce can be obtained on an uncontested basis this way. Court appearances are usually not required—but a quick one may be needed in some limited cases.
- Contested Divorce: In contrast, a contested divorce is one that likely requires a trial, unless there are eventual consent agreements made by the parties. The process often involves multiple court hearings, and, possibly, a trial to resolve outstanding family law disputes. Contested divorces are generally more time-consuming. They also tend to be more costly. It will be up to the court to make decisions regarding outstanding family law matters, including related to things like property division and child parenting arrangements, including decision-making (child custody). .
Most Divorces in Ontario are Uncontested Divorce
Only a relatively small share of divorces in Ontario end up in a trial. Most couples can either resolve their matter outside of court and then file for an uncontested divorce or come to an agreement during the court process before a trial. In other words, the majority of couples who get divorced in Ottawa and elsewhere in Ontario are able to reach mutually agreeable resolutions on all of their material family law matters, including child custody, spousal support, and asset division.
The Takeaway: Not all divorces in Ontario go to trial. Your divorce is more likely to be resolved through an uncontested divorce settlement. Still, that is not guaranteed. There are some difficult, high-conflict divorces that are resolved in litigation in Ontario. A trial is possible.
Why Most People Want to Avoid Divorce Litigation
Why do most people in Ontario prefer an uncontested divorce or outside of court settlement? There are a number of different advantages. Here are the most notable reasons why people want to avoid divorce litigation:
- Save Time: Divorce litigation can be a lengthy process. It can stretch for months or even years. Court schedules, mandatory waiting periods, and procedural delays often contribute to a slower process. In contrast, an uncontested divorce can be settled in a more flexible manner. Indeed, by avoiding litigation, divorcing couples in Ontario can expedite the process. A settlement can allow both parties to move forward with their lives more quickly.
- Save Money: An uncontested divorce, or an outside of court resolution, is generally far less expensive than contested divorce. Litigation for a divorce can come with additional costs—from court costs to attorneys’ fees. There may be other associated expenses as well. By avoiding litigation, a divorcing couple in Ontario can minimize these expenses and can use a more cost-effective method of resolution. With greater savings, there is more money to resolve financial issues.
- Keep Your Privacy: A contested divorce can result in certain records becoming public. In Ontario, divorce litigation is, at least in part, public. As a consequence, there can be certain sensitive personal information—including financial details—that become public. In contrast, an outside of court settlement can be kept confidential. Maintaining privacy is a benefit.
- Reduce Conflict: Finally, an uncontested divorce, or agreement on consent, is typically a lower-conflict divorce. On the other hand, divorce litigation is inherently adversarial. It often leads to escalating tensions between spouses. They may battle over assets, child custody, and child support. The heightened conflict can lead to increased stress, anxiety, and long-term emotional scars for all involved—especially so if there are young kids or teenagers. By steering clear of litigation, couples can engage in a more collaborative approach.
A Difficult “Contested” Divorce May Still Be Resolved Before a Trial Starts
That you are currently locked in a high-conflict divorce case does not mean that you are guaranteed to go to trial. Even in cases where a divorce is highly disputed, a settlement before trial is still possible. The spouses can engage in alternative dispute resolution (ADR) methods—such as mediation—to address their conflicts with the help of neutral professionals. Non-adversarial methods of resolutions can help to encourage open communication and collaborative negotiation. A top Ontario divorce lawyer will review your case and help you evaluate all options to find an answer.
Why Rely On RPB Family Law for Help With Your Divorce Case
Divorce is complicated. You do not have to try to navigate the process alone. RPB Family Law is a boutique family law firm committed to providing solutions-focused advocacy to clients. Our lawyers handle both contested divorces and uncontested divorces. We are prepared to proactive legal representation. Our Ontario divorce lawyers handle the full range of family law matters that can arise during a separation, including property division, alimony, child custody, and child support.
Contact Our Ottawa Divorce Lawyer Today
At RPB Family Law, our Ottawa divorce lawyers are skilled, experienced, and future focused advocates for our clients. We provide comprehensive representation in divorce cases. Contact us today to arrange your completely confidential initial appointment. With an office in Ottawa, we provide uncontested and contested divorce representation throughout Ontario.
