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Contested Divorce

In Ontario, when a couple is unable to reach an agreement on the terms of their divorce, a contested divorce may be the only option available. Unlike an uncontested divorce, where the parties have already agreed on all the important issues related to their separation agreement, a contested divorce requires the intervention of the court to decide on the unresolved matters.

Contested divorces are often more complicated, time-consuming, and costly than uncontested divorces. The Divorce process typically involves multiple court appearances, mediation sessions, and negotiations between the parties and their lawyers. The parties may need to provide evidence and testimony to support their positions on issues such as child custody, child support, and access.

TCZ family law firm will play a crucial role in guiding their clients through the legal complexities of divorce cases, particularly in matters of child custody, child support, and division of property in contested divorce cases. 


Contested Divorce in Ontario

Child Custody and Support Matters:  

The court uses the best interests of the child principle when making decisions on child custody and support matters, taking into account various factors such as the child’s age, needs, and preferences, the parents’ ability to care for the child, and any history of domestic violence or abuse. 

Property Division:  

The Divorce Law Act governs division of property in contested divorce cases, where each spouse is entitled to an equal share of the value of any property acquired during the marriage, with some exceptions. The duration of a contested divorce can vary depending on several factors, including the level of conflict between the parties, the complexity of the issues involved, and the court’s workload.

Contested divorce can take a significant emotional toll on both the parties and their children. The stress and anxiety of a prolonged legal battle can be overwhelming, particularly if the parties struggle to maintain a civil relationship. In such cases, children can become embroiled in the dispute, leading to long-term negative effects and emotional trauma. Moreover, it can be costly, with significant court time, lawyer fees, and other expenses, which can add up quickly. In some cases, the cost of a contested divorce can exceed the value of the property being divided. As such, its advised to couples to consider alternative dispute resolution methods, such as negotiation or mediation, before pursuing a contested divorce. Only as a last resort should couples pursue a contested divorce, as it is a complex legal process that requires the guidance and support of lawyers.

Overall, the divorce process in Ontario can be complex and emotional, especially in cases where the divorce is contested. Divorce and separation are complex legal and emotional processes that can have significant consequences for all parties involved.

Advantages of contested Divorce

  1. Fair and Equitable: Contested divorce allows each party to argue their case and present evidence in court, giving them a fair opportunity to obtain a favorable outcome. TCZ law firm can help to build a strong case and advocate for their client’s best interests.
  2. Court Intervention: In some cases, court intervention may be necessary to resolve disputes, especially in cases where one party is being unreasonable or uncooperative. 
  3. Asset Protection: Contested divorce can help to protect a party’s assets, particularly if there is a significant amount of property or assets to be divided. 
  4. Child Custody: In cases where there is a dispute over child custody or child support, contested divorce can provide a fair and objective assessment of the best interests of the child. 
  5. Spousal Support: Contested divorce can also provide a fair assessment of spousal support like child support, particularly if there is a significant difference in income between the parties.

Although a contested divorce may have certain advantages, it is important to consider the potential disadvantages associated with this process. One of the most significant drawbacks is the high cost and time commitment involved. A contested divorce can be a long and complex process, which can require significant investment of time and resources. The legal fees associated with a contested divorce can also be substantial, particularly if the case requires multiple court appearances or goes to trial.

For this reason, it is essential to consult with a firm who specialize in family law to ensure that you are fully informed about the process and the costs involved. They can guide you through the legal complexities of a contested divorce and help you make informed decisions that are in your best interests.

Another disadvantage of contested divorce is the emotional toll it can take on both parties. The adversarial nature of the process can lead to significant stress and anxiety, particularly if there is a lot of conflict between the parties. This can also have long-term negative effects on children who may be caught in the middle of the dispute. Children who are exposed to high levels of conflict during their parents’ divorce are at increased risk for emotional and behavioral problems.

Despite these challenges, it is possible to minimize the negative effects of contested divorce through the help of experienced divorce lawyers in Toronto. They can provide valuable guidance and support throughout the legal process, helping to ensure that the best interests of all parties are protected. With the help of TCZ Lawyer Eric Zhao, it is possible to achieve a fair and equitable outcome through a contested divorce, while minimizing the stress and emotional impact on both parties and their children.