Family Law Lawyer in Vaughan, GTA.

Contested vs. Uncontested Divorce in Ontario: What You Need to Know

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

Divorce is one of the most significant legal and emotional decisions a person can face. Understanding the type of divorce you are entering into can help you plan ahead, protect your rights, and reduce unnecessary stress. In Ontario, divorces fall into two main categories: contested and uncontested.

What Is an Uncontested Divorce?

An uncontested divorce occurs when both spouses agree on all key issues arising from the breakdown of their marriage. This includes:

• Division of property and debts

• Spousal support (if applicable)

• Parenting arrangements and child support

  
  

In most cases, an uncontested divorce is the simplest and most cost-effective route. Once the parties have resolved their issues, often through negotiation or mediation. One spouse files for divorce, and the other does not oppose it. The court then reviews the paperwork to ensure it meets the requirements under the Divorce Act, and a Divorce Order is granted without the need for a hearing.

Because there is no dispute, uncontested divorces in Ontario can usually be completed within a few months, depending on the court’s processing time. Even so, it’s important to have a lawyer review your agreement to ensure your rights are protected and that the terms are legally enforceable. At Majoka Law, we prepare and file all necessary documentation, making the process as seamless as possible.

What Is a Contested Divorce?

A contested divorce arises when spouses cannot agree on one or more important issues. Common points of disagreement include the division of family property, parenting time, decision-making responsibility, or financial support. When this happens, the court becomes involved to help resolve the dispute.

The contested process typically begins when one spouse files an Application for Divorce and the other files an Answer opposing it or setting out different claims. The case then proceeds through several stages, disclosure, conferences, and possibly a trial, before a judge makes a final decision.

Because contested divorces involve more steps and often require court appearances, they tend to be more time-consuming and expensive. However, this process may be necessary when cooperation breaks down or when a fair resolution cannot be reached privately.

At Majoka Law, we work to resolve contested matters through negotiation and settlement wherever possible, but we are also experienced litigators prepared to protect your interests in court.

Seeking Legal Support

Whether your case is contested or uncontested, the team at Majoka Law provides trusted legal advice and representation throughout the process. Our goal is to help you achieve a fair, lasting resolution while minimizing conflict and stress.

If you are considering divorce in Ontario, contact Majoka Law to schedule a consultation. We are here to guide you through every step with experience, compassion, and professionalism.