When hiring a family lawyer you probably have a goal in mind. Working with a lawyer can help determine the legal steps to achieve that objective. It may relate to financial matters, parenting, answering a claim by your former spouse, or perhaps some other objective.
Most people going through a divorce want the same thing: a fair outcome, a manageable process, and a chance to move forward. At Sheard Law, we help Toronto clients navigate divorce — from straightforward uncontested matters to complex contested proceedings involving property, support, and parenting disputes.
Whether you're just starting to think about separation or you're already in court, we provide direct, practical advice focused on realistic outcomes and keeping your costs under control.
The simplest and most cost-effective way to obtain a divorce in Ontario is to proceed uncontested. This is the right approach when both parties agree — or at least don't actively oppose — the divorce itself, and have already resolved or are prepared to resolve the surrounding issues.
One party files a Divorce Application with the court and serves it on the other. The receiving party allows the 30-day filing deadline to expire without filing an Answer. The applicant then files an Affidavit confirming the grounds for divorce — in most cases, one year of living separate and apart — and confirming adequate arrangements for any children. A judge reviews the materials and, if satisfied, signs the Divorce Order. After a 30-day appeal period, either party can obtain a Certificate of Divorce as final proof.
At least one spouse must have resided in Ontario for a minimum of one year before filing. The location of the marriage is irrelevant. The most common ground for divorce is one year of separation. Other grounds — adultery and mental cruelty — allow for an immediate application without waiting a year, but they tend to attract opposition and complicate proceedings. In practice, the vast majority of divorces proceed on the basis of separation.
Filing for divorce triggers limitation periods on claims for property division and spousal support. It is almost always worth addressing those issues — through negotiation, a separation agreement, or mediation — before or alongside the divorce application. Leaving them unresolved creates risk.
When one party disputes the divorce itself, or when there are unresolved issues around property, support, or parenting that can't be settled without court intervention, the matter becomes contested. Contested divorces proceed through the Ontario Superior Court of Justice under the Family Law Rules and typically involve case conferences, motions, and, if unresolved, a trial.
The cost difference between uncontested and contested divorce is significant. A straightforward uncontested matter might be completed for a few thousand dollars in legal fees. A contested divorce involving property valuation disputes, support arguments, and parenting disagreements can run well into five figures — sometimes more if a trial is required. Most contested matters settle before trial, but the earlier issues are addressed, the more control you retain over the outcome and the cost.
We approach contested matters the same way we approach everything else: identify what matters most, understand the realistic range of outcomes, and focus on getting there without unnecessary conflict or expense. When court is unavoidable, we litigate effectively. But we prefer — and the courts expect — that parties make genuine efforts to resolve disputes first.
Divorce is a legal process, but it's also a significant life event. You don't need to have all the answers before calling — most people don't. A consultation gives you a realistic picture of your situation, your options, and what the process looks like from start to finish. Call us at 416-860-9990 or book a consultation online to get started.
Spousal support is not automatic. Whether you're entitled — and how much — depends on your circumstances, the length of the marriage, and the roles each spouse played.
Leaving the matrimonial home doesn't forfeit your property rights, but it can affect parenting arrangements and practical leverage. Here's what to know before you go.
Child support in Ontario is determined by the Federal Child Support Guidelines, primarily based on the payor's income and the number of children.
The matrimonial home has special status in Ontario law. Both spouses have equal possession rights regardless of who owns it — and that changes the negotiation entirely.
An uncontested divorce typically takes 4–6 months from filing to receiving the Divorce Order. Contested matters take considerably longer — sometimes years.
A separation agreement is not legally required, but it is often the most important document you will sign. Without one, key issues stay unresolved and that creates risk.
An uncontested divorce typically takes 4 to 6 months from filing to receiving the Divorce Order. Contested matters take considerably longer, sometimes years.
Mediation is faster, less expensive, and gives both parties more control. Court is sometimes unavoidable, but it should usually be the last resort, not the first.
You do not need a court order or document to be separated. Separation begins when one spouse communicates their intention to end the marriage, even if you are still living together.
The information on this page is general in nature and is not legal advice. Family law is highly fact-specific. If you have questions about your situation, contact Sheard Law for a consultation.
