Ontario Contested Divorce Lawyer

30+ Years of Guiding Ontario Families Through Contested Divorce

Since 1994, Feldstein Family Law Group P.C. has focused exclusively on family law, and contested divorce is one of the most common reasons Ontario families turn to us. With over 30 years of experience and four offices in Markham, Mississauga, Oakville, and Vaughan, we've guided clients through every stage of disputed divorce proceedings, from initial negotiation through trial at the Ontario Superior Court of Justice.

A contested divorce arises when spouses can't agree on one or more critical issues: parenting time and decision-making responsibility, child support, spousal support, or the equalization of net family property. The contested label doesn't mean your case must end in a courtroom. We handle the full spectrum of resolution paths, including mediation, arbitration, collaborative law, and litigation, so we can recommend the approach that best fits your circumstances and long-term goals.

Ready to talk about your contested divorce with a family lawyer who'll explain your options clearly? Call us at (905) 581-7222 for a free consultation. Virtual and in-person consultations are available.

Key Issues in Contested Divorce Cases

A divorce becomes contested when spouses can't reach agreement on the issues that must be resolved before the marriage can legally end. These disputes typically involve one or more of the following:

• Parenting Time & Decision-Making Responsibility: Under the Divorce Act, the paramount consideration is the best interests of the child, with no presumption of equal parenting time.
• Child Support: Calculated under the Federal Child Support Guidelines based on the paying parent's income and the parenting arrangement.
• Spousal Support: Determined under the Divorce Act and the Ontario Family Law Act, guided by the Spousal Support Advisory Guidelines.
• Division of Property: Ontario uses an equalization of net family property calculation under the Family Law Act (R.S.O. 1990), comparing each spouse's net worth growth during the marriage rather than dividing assets piece by piece.
• Exclusive Possession of the Matrimonial Home: Both spouses have an equal right to remain in the family home regardless of who holds title until a court orders otherwise, making this one of the most urgent issues in contested proceedings.

Financial disclosure is mandatory in every contested case. Both parties must provide a complete and accurate account of assets, liabilities, income, and property values. Incomplete or dishonest disclosure can trigger serious consequences, which we're prepared to address on your behalf.

Interested in finding out how we can help with your contested divorce? Call (905) 581-7222 for a free consultation.

The Contested Divorce Process in Ontario

A contested divorce formally begins when the respondent files an Answer (Form 10) after being served with the divorce application (Form 8), disputing one or more claims. From that point, the case moves through a structured court process governed by Ontario's Family Law Rules.

Before recommending litigation, we walk you through every available resolution path:

• Negotiation: Direct discussions between lawyers to settle specific issues without court involvement.
• Mediation: A neutral mediator helps both parties work toward a mutually acceptable agreement.
• Arbitration: A private arbitrator makes binding decisions on unresolved issues.
• Collaborative Law: Both spouses and their lawyers commit to reaching a settlement outside of court.

When court proceedings are necessary, Ontario requires at least one case conference before either party can schedule motions or move toward trial. At a case conference, the judge reviews the issues, provides an early opinion, and facilitates settlement discussions. If settlement isn't reached, the case advances through a settlement conference, a trial management conference, and potentially a trial. We represent clients in both Ontario Superior Court of Justice and Unified Family Court proceedings.

A contested divorce in Ontario typically takes 1 to 3 years to resolve, depending on the number of disputed issues, the level of cooperation between parties, and court scheduling.

Hidden Assets & Financial Dishonesty

Suspecting that a spouse isn't fully disclosing assets or income is one of the most stressful aspects of a contested divorce. We can help you respond quickly and strategically. In Ontario, both parties are legally required to provide complete financial disclosure, and courts take violations seriously.

We use the discovery tools available in contested proceedings to surface undisclosed financial information, including interrogatories, sworn testimony, and subpoenas compelling third parties such as banks and employers to produce records. In complex cases involving business interests or hidden income streams, forensic accountants and business valuators may be engaged to trace concealed funds.

When a court finds that a spouse intentionally hid assets, it may impose remedies including awarding a larger share of the undisclosed property to the other spouse, ordering costs against the dishonest party, or departing from the standard equalization formula under the Family Law Act. Our role is to build the strongest case we can so that your financial interests are protected.

Why Ontario Families Choose Feldstein Family Law Group P.C.

Contested divorce demands a legal team that understands the full landscape of family law, not just the courtroom. Every lawyer and law clerk at our firm practises family law exclusively. That singular focus, sustained for over 30 years, means we've handled contested divorces ranging from negotiated settlements resolved in months to multi-year, high-conflict trials.

What our clients consistently value:

• Personalized strategy: No two families face the same circumstances. We build a legal plan around your specific goals, whether that's preserving your relationship with your children, protecting a business interest, or reaching a fair support arrangement.
• Timely communication: Same-day or next-day response times so you're not left wondering where your case stands.
• Proven reputation: Positive client testimonials highlight our efficiency, professionalism, compassion, and straightforward communication. We've been recognized as a Top Choice Award Winner for Family Law (2018) and by Global Law Experts.
• Free resources before you commit: Andrew Feldstein, our founding lawyer (Osgoode Hall Law School, 1992), hosts Ask Andrew, a free monthly Q&A show covering divorce, custody, and other family law topics. It's available to anyone, whether or not you're a current client.
• Convenient access: Four offices in Markham, Mississauga, Oakville, and Vaughan, plus virtual and remote consultations for clients anywhere in Ontario.

Frequently Asked Questions

Can a contested divorce become uncontested?
Yes. Even after an Answer is filed, spouses can negotiate a settlement at any point during the proceedings. Once all issues are resolved by agreement, the matter converts to an uncontested divorce and can proceed without a trial.

Do both spouses need separate lawyers?
In a contested divorce, each party should have independent legal representation. One lawyer can't represent both spouses when their interests are in dispute. Independent counsel helps ensure each person's rights are fully protected.

How long does a contested divorce take in Ontario?
Timelines vary, but most contested divorces take between 1 and 3 years to resolve. The duration depends on the complexity of the disputed issues, how cooperative both parties are, and court scheduling in your jurisdiction.

What happens if my spouse ignores the court proceedings?
Ontario courts can grant orders in a party's absence. Failing to respond to a divorce application or attend court dates rarely benefits the non-participating spouse and can result in decisions being made without their input.

Take the First Step Toward Resolving Your Contested Divorce

A free, confidential consultation with our team is the fastest way to understand where you stand and what your options are. We can review your situation, explain the resolution paths available, and outline a strategy tailored to your family's needs.

With over 30 years of exclusive family law experience and offices across Ontario, we're prepared to handle every aspect of your contested divorce. Same-day or next-day response times mean you won't wait long for answers.

Discuss your case with an Ontario contested divorce lawyer today. Call (905) 581-7222 now.