How Do I Expedite a Contentious Divorce in Ontario?
A contentious, or contested, divorce is one in which the parties can't agree on such matters as child support, child custody and the division of assets. When the spouses aren't in agreement, a divorce can drag on for as long as two years in Ontario, as both lawyers try to negotiate a settlement. Though uncontested divorces are the quickest, contested divorces can be sped up as well, provided each party is willing to sit down and talk.
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Instructions
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Attend the mandatory meeting between you and your spouse, with your attorneys and the judge present. In Ontario, this meeting is called a case conference, and it is intended to help both parties come to an agreement about the divorce and settlement issues. Be willing to make reasonable compromises and put forward the best interests of the children.
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Attend the settlement conference, also called the trial management conference. Any unresolved issues brought up during the case conference are discussed at this conference. Ontario courts require this meeting in an attempt to settle divorce cases without going to trial.
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Hire a mediator (see a sample list in "Resources"). In Ontario, a mediator is a neutral third party who presides over your meeting of compromise and acts as a buffer between the two of you. His or her job is to make sure tempers don't escalate and that the decisions reached are practical.
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Hire an arbitrator (see "Resources"). An arbitrator is like a mediator except that with an arbitrator, whatever agreement you reach is legally binding. Neither of you can change your mind once the meeting is finalized. In 2006, it was determined by legislation that arbitrators in Ontario must be trained in Canadian family law or their services will be considered invalid.
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Have your lawyer request expedition from the judge if you feel the case is being unfairly prolonged by the other party, especially if children are involved. The court is always eager to see that children are settled quickly after a divorce. A judge can step in, but you must be willing to accept his or her decisions.
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References
Resources
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