Contested Divorce
Navigating a Contested Divorce with a Skilled Lawyer by Your Side
Navigating a Contested Divorce with a Skilled Lawyer by Your Side
Divorce is never an easy decision, and when spouses disagree on key aspects like asset division, child custody, or spousal support, the process becomes even more challenging. A contested divorce requires careful legal strategy, strong representation, and a thorough understanding of family law. If you’re facing a contested divorce, you need a trusted contested divorce lawyer who can advocate for your best interests while ensuring a fair resolution.
At Aurigo Law, Arshi Chandel, an experienced contested divorce lawyer, provides personalized legal solutions tailored to your unique situation. With a deep understanding of Canadian divorce law and a commitment to protecting your rights, we guide you through every step of the legal process.
What is a Contested Divorce?
A contested divorce occurs when spouses cannot reach an agreement on one or more critical issues, such as:
- Division of Assets and Debts – Disputes over property, bank accounts, pensions, and business ownership.
- Child Custody and Access – Determining parenting arrangements and visitation rights.
- Spousal and Child Support – Negotiating financial support for a spouse or children.
- Other Marital Disputes – Issues related to prenuptial agreements, shared investments, and liabilities.
Unlike an uncontested divorce, where both parties agree on the terms and proceed smoothly, a contested divorce often involves court proceedings, extensive negotiations, and legal complexities that require a skilled contested divorce lawyer.
Why Choose Aurigo Law as Your Contested Divorce Lawyer?
Extensive Experience in Family Law
With over 5+ years of experience, Arshi Chandel has successfully represented numerous clients in contested divorce cases, ensuring fair outcomes and protecting their rights. Her expertise in family law and divorce litigation makes her one of the most reliable contested divorce lawyer in Canada.
Client-Focused Legal Solutions
Every divorce case is unique. We take the time to understand your specific situation, concerns, and goals before creating a tailored legal strategy. Our approach is always compassionate, professional, and results-driven.
Strong Litigation and Negotiation Skills
A contested divorce often involves court appearances and legal arguments. Arshi Chandel is known for her strategic negotiation skills and aggressive litigation when necessary, ensuring her clients receive the best possible outcome.
Knowledge of Canadian Divorce Law and Court Procedures
Divorce laws in Canada vary by province, and navigating them alone can be overwhelming. Arshi Chandel ensures that her clients fully understand their legal rights and obligations while guiding them through the legal process with clarity and confidence.
The Legal Process of a Contested Divorce in Canada
One spouse (the applicant) files for divorce in the appropriate provincial court. The application must outline the reasons for the divorce and any claims for support, custody, or property division.
The other spouse (the respondent) has the right to contest the claims made in the application. They may file a response outlining their own demands and disagreements.
If an agreement cannot be reached, the case proceeds to court, where a judge makes a final decision. This can involve multiple hearings and require strong legal representation.
Many contested divorce cases attempt settlement through mediation or negotiations before heading to trial. A skilled contested divorce attorney can advocate for your interests during these discussions.
Once the court issues a final judgment, the divorce is legally binding. The ruling determines asset division, child custody, and financial support obligations.
Both parties exchange financial documents, custody proposals, and other relevant details. This step ensures transparency in asset division and support claims.
Key Challenges in Contested Divorce Cases
1. Child Custody Battles
Custody disputes can be emotionally and legally complex. Canadian courts prioritize the best interests of the child when determining custody and parenting arrangements. An experienced contested divorce lawyer can present a strong case to support your parental rights.
In Ontario, property division follows the equalization of net family property principle. This means that any assets acquired during the marriage are typically split equally, with some exceptions.
- Matrimonial Home – If a couple owns a home together, both have equal rights to it, regardless of whose name is on the deed.
- Pensions and Investments – Must be properly valued and divided.
- Debts – Liabilities incurred during the marriage are also shared.
A well-drafted Separation Agreement service in Toronto ensures that property division is handled fairly, preventing future legal disputes.
2. Division of High-Value Assets
If you and your spouse own significant assets, businesses, or real estate, dividing property can be a major point of contention. Proper financial documentation and expert legal guidance are essential to securing a fair outcome.
3. Disagreements Over Spousal Support
Determining whether one spouse is entitled to spousal support—and for how long—can lead to heated disputes. Courts consider factors like the length of the marriage, financial dependence, and future earning potential.
4. Lengthy Court Proceedings
Contested divorces can take months or even years to finalize, depending on the complexity of the case. A contested divorce lawyer can help you navigate the legal process efficiently while minimizing unnecessary delays.
Canadian Divorce Statistics: Understanding the Landscape
- The divorce rate in Canada is approximately 38%, with most divorces occurring after an average marriage duration of 15 years.
- Over 30% of divorces in Canada involve child custody disputes.
- Nearly 40% of contested divorces stem from financial disagreements, particularly asset division and spousal support.
- The average cost of a contested divorce in Canada ranges between $7,500 to $25,000, depending on legal fees, court costs, and case complexity.
These statistics highlight the importance of hiring a skilled contested divorce lawyer to ensure you achieve the best possible outcome.
How We Can Help You
At Aurigo Law, we are committed to providing:
- Legal Representation in Court: We advocate for you in all court proceedings and hearings.
- Expert Negotiation: We strive to resolve disputes through negotiation, reducing the emotional and financial burden of a trial.
- Personalized Legal Advice: Every case is unique, and we provide tailored solutions based on your specific situation.
- Transparent Communication: We keep you informed at every step, ensuring clarity and confidence throughout your case.
10 FAQs About Cohabitation Agreements in Ontario
How long does a contested divorce take in Canada?
A contested divorce can take anywhere from several months to a few years, depending on the complexity of disputes and court schedules.
What is the difference between a contested and uncontested divorce?
A contested divorce involves disagreements that require court intervention, while an uncontested divorce means both parties have agreed on all terms without needing a trial.
Can I represent myself in a contested divorce?
While you can legally represent yourself, contested divorces involve complex legal procedures that are best handled by an experienced contested divorce attorney.
How much does a contested divorce cost in Canada?
The cost varies based on case complexity but generally ranges from $7,500 to $25,000 or more, depending on legal fees and court expenses.
What factors influence child custody decisions?
Canadian courts prioritize the best interests of the child, considering factors like parental involvement, stability, and emotional well-being.
Can a contested divorce be settled out of court?
Yes, many contested divorces are resolved through negotiation or mediation, avoiding lengthy court battles.
How is property divided in a contested divorce?
Assets are divided based on provincial family laws, considering factors like marital contributions, debts, and financial needs.
What if my spouse refuses to cooperate?
If one spouse refuses to negotiate, the case proceeds to court, where a judge makes the final decision.
Is spousal support mandatory in a contested divorce?
Spousal support is determined based on factors like income disparity, marriage duration, and financial dependency.
How can I protect my assets during a contested divorce?
Hiring a contested divorce lawyer ensures that your financial interests are safeguarded through legal documentation and strategic representation.
Take the First Step Toward Resolving Your Divorce
A contested divorce can be overwhelming, but you don’t have to face it alone. Aurigo Law is here to provide the legal guidance and representation you need. Contact us today to schedule a consultation and take the first step toward securing your future.