Divorce Lawyer Toronto — Contested & Uncontested

Facing divorce or separation?

Deciding to divorce is hard. Getting the legal side right should not be. Gottlieb Family Law helps Toronto spouses end their marriage, settle parenting and support, and divide property — by agreement where possible, and in court when necessary.

We start by understanding what matters most to you: your children, your home, your finances, or simply getting it over with. Then we give you a straight answer on your options, the likely timeline, and the cost. Call 416-227-1653 or book a consultation.

What you need to get a divorce in Ontario

Under Canada’s Divorce Act, a court grants a divorce when the marriage has broken down.
You prove that in one of three ways:

Separation: you and your spouse have lived apart for at least one year.
This is by far the most common ground.
Adultery by your spouse.
Physical or mental cruelty that makes living together intolerable.

Three other rules apply:

At least one spouse must have lived in Ontario for at least one year before the application is filed.
You can file right after you separate, but the divorce cannot be granted until the one-year mark.
Living together again for up to 90 days to try to reconcile does not restart the clock.
If you have children, the judge must be satisfied that reasonable child support arrangements are
in place.

Uncontested vs. contested divorce

Uncontested divorce

You agree on parenting, support and property, or there is nothing to decide. It proceeds by a simple or joint application and is usually decided on paper, without a hearing. We draft the application and your separation agreement, file it, and follow through to your certificate.

Contested divorce

You disagree on one or more issues. It proceeds by a general application, with case conferences, negotiation and possibly a trial. We build your case, negotiate, and represent you at every step in court.

Many cases start contested and settle. Our first goal is always a fair agreement that keeps you out of court.

How the process works

Intake call. Tell our intake team what is happening.
We take your details and match you with the right lawyer.
Consultation with a lawyer. A paid consultation, booked in advance. The lawyer reviews your situation, documents and goals, and gives you a strategy and cost estimate.
Disclosure. Both spouses exchange financial information, including a sworn Financial Statement.
Negotiation or mediation. We work toward a separation agreement covering parenting, support and property.
Court, if needed. We file your application with the Superior Court of Justice and represent you at conferences and any hearing.
Divorce order and certificate. A divorce usually takes effect 31 days after the judge signs the order. We then obtain your Certificate of Divorce.

How long does a divorce take in Toronto?

Toronto courts are busy, so even an uncontested divorce usually takes several months after the one-year separation date, and sometimes longer. A contested divorce takes considerably longer, depending on how many issues are disputed, how quickly they settle and court scheduling. We give you a realistic timeline for your case at the consultation.

How much does a divorce cost in Ontario?

Court fees are set by the province: $224 to file a divorce application ($214 plus a $10 federal fee) and $445 to place it on the list for a decision. Legal fees depend mostly on whether the divorce is contested.

Uncontested: a predictable, limited scope of work. We give you a cost estimate at the consultation.
Contested: depends on the issues in dispute and how far the case goes.
Legal Aid: if you qualify for a Legal Aid Ontario certificate, we accept it.

Children, support and property

A divorce ends the marriage, but the issues around it are what shape your future.
We handle all of them:

Parenting: decision-making responsibility and parenting time (formerly custody and access)
Child support, including Section 7 special expenses
Spousal support
Property division and the matrimonial home
Separation agreements
Mediation and arbitration

Why Toronto families choose Gottlieb Family Law

Experience since 1987. Led by Gary Gottlieb, with a team of family lawyers and clerks focused only on family law.
Private and Legal Aid clients. Good representation should not depend on income.
Settlement first, trial-ready. We negotiate hard for a fair deal and are prepared to go to court when that is what it takes.
Fast replies. We respond within 24 hours.
Central location. 365 Bloor Street East, Suite 1010, near Sherbourne station.

Read what our clients say.

Divorce lawyers serving all of Toronto and the GTA

We help clients across Toronto and the GTA, including Rosedale, Yorkville, Midtown, North York, Willowdale, Etobicoke, Forest Hill, The Annex, Downtown Toronto, Richmond Hill, Woodbridge, Oakville.

Divorce FAQs

Can I get a divorce if my spouse won’t sign?

Yes. Your spouse does not have to agree. If they do not respond after being served, the divorce can proceed without them.

Do I need a lawyer for an uncontested divorce?

Not legally, but a lawyer makes sure the application is correct and that your separation agreement protects you. Mistakes can delay the divorce or cost you later.

Can we be separated while living in the same house?

Often yes, if you are living separate lives under one roof. How courts look at this depends on the facts, so ask us about your situation.

What if we were married outside Canada?

You can usually divorce in Ontario if one spouse has lived here for at least a year. You will need your marriage certificate, translated if it is not in English or French.

Does a divorce settle custody and support?

Not automatically. Parenting, support and property must be resolved by agreement or court order. The judge also needs child support arrangements in place before granting the divorce.