Navigating a Contested Divorce

In many cases, a contested divorce can drag on for months

Divorce or separation is never easy, but it can be even more difficult when things don’t end amicably. When a couple decides to go their separate ways, there can be various reasons why things turn contentious. Whether it’s because of infidelity, financial troubles, or simply growing apart, a non-amicable divorce or separation can be emotionally draining and financially devastating. In many cases, a contested divorces can drag on for months, or even years, causing immense stress and anxiety for both parties involved. Children are often caught in the middle, which can further worsen an already difficult situation. When communication breaks down, it can be challenging to come to an agreement on issues such as child custody, division of assets, and spousal support. However, while contested divorces can be incredibly challenging, they’re not impossible to navigate. With the right support, legal counsel, and self-care, it’s possible to come out on the other side of a divorce or separation with your mental health intact and your financial future secure. In this article, we discuss non-amicable divorce, the benefits of using a mediator and ADFA in a non-amicable separation, and how they can help you achieve a more peaceful and positive outcome.

What is a mediator and a ADFA?

A mediator is a neutral third party who helps couples resolve disputes outside of court. They facilitate communication and negotiation between parties to help them come to an agreement that works for both parties. A mediator does not take sides or make decisions for the couple, but rather helps them find a mutually acceptable resolution. On the other hand, a Accredited Divorce Financial Analyst (ADFA) is a financial professional who specializes in the financial aspects of divorce. They understand the incredible toll financial matters can take on divorce proceedings and work with individuals and couples to understand their financial situation. They also help them make informed decisions about the division of assets, spousal and child support, and other financial considerations. They can also provide guidance on the tax implications of various decisions. Together, a mediator and ADFA can be a powerful team in helping couples navigate a non-amicable separation or divorce. The mediator facilitates communication and negotiation between parties, helping them find common ground and work towards a mutually acceptable resolution. The ADFA provides financial expertise and guidance, helping the couple understand their financial situation and make informed decisions about the division of assets and other financial considerations. Working with a mediator and ADFA can help reduce conflict and create a more peaceful and positive outcome in a non-amicable separation or divorce. By providing support and guidance, they can help couples move forward with confidence and clarity, ensuring a smoother transition into the next chapter of their lives.

Benefits of using a mediator and a ADFA in non-amicable separation and divorce

contested divorce
If you or your loved one is going through a non-amicable divorce or separation, you can enjoy the following benefits of using a mediator and a ADFA:

  • Reduced conflict 

    A mediator helps you resolve disputes more peacefully and constructively, reducing the likelihood of escalating conflict. By keeping communication channels open and facilitating productive negotiation, a mediator can help you and your ex find common ground and work towards a mutually acceptable resolution.

  • Saved time and money

    Mediation can often be a faster and more cost-effective alternative to a traditional court process. The traditional court process typically takes anywhere from nine months to two years, while mediation typically takes two to four months.  Also, it costs between $15,000 to $40,000 to have a litigated divorce, while a mediated divorce costs between $1,500 and $3,000. Additionally, working with a ADFA helps you and your soon-to-be-ex make informed decisions about the division of assets and other financial considerations, reducing the likelihood of costly mistakes down the line.

  • Lower chances of conflict

    By avoiding a contentious court process, you are able to navigate matters easier, leaving fewer opportunities for clashes with your soon-to-ex. This also helps to preserve a semblance of normalcy between you both –  a necessity for your mental health and children (if involved). It also helps to preserve a more amicable relationship post-divorce. This is particularly crucial in situations where children are involved, as maintaining a positive co-parenting relationship can be essential for their well-being.

  • Ensuring fairness

    A ADFA can help ensure that the financial aspects of the divorce are handled fairly and equitably, taking into account each party’s unique circumstances. By providing financial expertise and guidance, a ADFA can help ensure that both parties feel heard and that the division of assets is as equitable as possible.

  • Customized solutions

    Traditional divorce litigation often follows a one-size-fits-all approach, which may not be suitable for all couples and their unique situations. This approach may involve selling the family home, dividing retirement funds, and sharing custody of children in a conventional manner. However, this method may not work for couples with non-traditional lifestyles and needs. In contrast, divorce mediation offers customized solutions that allow couples to have more control over the outcome of their divorce. Mediation provides a safe space for each party to voice their needs and concerns, ensuring that both parties feel heard and understood. This allows spouses to develop their own unique solutions that cater to their specific lifestyles and needs. By working collaboratively, couples can come up with a solution that is tailored to their individual situation and that they are both satisfied with.

  • Avoid litigation and court proceedings down the line.

    Decisions made by attorneys or judges during a divorce may lead to future problems. If one spouse is dissatisfied with the court’s decision, they may challenge it and file for legal appeals and modifications, resulting in prolonged conflicts. This can make the already lengthy divorce process even more stressful and financially draining for both spouses and their families. In contrast, couples who reach voluntary agreements through mediation are more likely to feel satisfied with the outcome in the long run. This is because they have more control over the decisions and can work together to find mutually beneficial solutions. Mediation also provides a collaborative and cooperative environment that encourages spouses to communicate openly and constructively, reducing the likelihood of future conflicts. By resolving issues amicably, couples can save time, money, and emotional stress while moving forward with their lives.

  • Financial clarity

    A ADFA helps individuals going through divorce understand their financial situation, analyze asset division, and evaluate tax implications. They provide financial clarity, help identify goals, create budgets, and develop financial plans. Acting as a neutral third party, they facilitate communication and negotiation to ensure fair and equitable outcomes, reducing future conflicts.

Process of using a mediator and a ADFA for a non-amicable divorce or separation

While processes depend on individual service providers, you should expect something along these lines when you visit a mediator and a ADFA:

  • Initial consultation: The couple meets with the mediator and ADFA to discuss their situation and determine if mediation is the right option for them.
  • Information gathering: The ADFA gathers financial information from both parties, including assets, debts, income, and expenses. This information is used to develop a clear picture of the couple’s financial situation.
  • Negotiation: The couple works with the mediator and ADFA to negotiate the terms of their divorce, including asset division, child custody, and support arrangements. The mediator acts as a neutral third party, facilitating communication and helping the couple reach mutually beneficial solutions.
  • Agreement: Once the couple has reached an agreement, the mediator and ADFA review it to ensure that it is fair and equitable. The agreement is then presented to the court for approval.
  • Implementation: Once the agreement has been approved, the couple works with their lawyers to implement the terms of the divorce.

Ken Maynard at Divorce The Smart Way can help you achieve a ‘soft landing’ in your divorce

Final Thoughts

Navigating a contested divorce in Ontario can be a complex and emotionally taxing process. Unlike an uncontested divorce, where both parties agree on all matters, a contested divorce means there are unresolved issues that require formal divorce procedures. These issues could range from child visitation schedules to financial disputes. The contested divorce process begins with filing a contested divorce application, known as Form 8A. The respondent spouse then files a Form 10 answer, marking the start of a potentially lengthy legal journey. The first court date sets the tone for what could be a series of negotiations and court appearances. However, contested divorce doesn’t have to be a path filled with endless conflict. At Divorce The Smart Way, we understand the intricacies of the Family Law Act and the collaborative family law approach. We aim to make the process as smooth as possible, even when facing a contested divorce. Our team of experienced divorce mediators can help guide you through the process, ensuring you understand each step, from the difference between contested vs uncontested divorce to the potential contested divorce cost. We believe in empowering you with knowledge and supporting you through each decision, whether it’s about child visitation schedules or financial arrangements. Remember, you must have been separated for at least one year before filing for divorce in Ontario. During this time, it’s crucial to seek independent legal advice and consider all your options. A joint divorce application may be possible if you and your spouse can resolve your differences. In conclusion, while a contested divorce in Ontario may seem daunting, with the right guidance and support, you can navigate this challenging time. We’re here to help you understand what a contested divorce means for you and how to move forward towards a brighter future.

At DTSW:

We understand. The path you’re on is challenging, filled with uncertainty and emotional turmoil. Contested divorce is never easy, and the complexities of navigating this process in Ontario can feel overwhelming. But remember, you’re not alone. Our team of Family Mediators and Accredited Divorce Financial Analysts at Divorce The Smart Way (DTSW) are here to guide you. We’ve walked this path with many others, and we’re ready to walk it with you. We know the terrain, the pitfalls, and the way to a smoother transition. Our Soft Landing Divorce Settlement Method is designed to help you sidestep the excessive conflicts, confusion, and costs often associated with separation. We focus on crafting clear and straightforward separation agreements, ensuring a smooth transition towards a secure future. This is achieved in four meetings or less, allowing you to move forward with your life sooner than you might think possible. You’ve taken the first step by visiting this page. Now, we encourage you to take the next. Reach out to us. Let’s discuss your situation, your concerns, and your hopes for the future. Together, we can navigate this journey towards a new beginning. Schedule a Get Acquainted Call with us today. Let’s start the conversation about your smart divorce.
About the Author:
Ken Maynard ADFA, Acc.FM

I assist intelligent and successful couples in crafting clear and straightforward separation agreements, ensuring a smooth transition towards a secure future. This is achieved in four meetings or less, sidestepping the excessive conflicts, confusion, and costs often associated with legal proceedings. You have the option to collaborate with me via video conference or in-person with a DTSW associate at any of our six Greater Toronto mediation centers, located in Aurora, Barrie, North York, Vaughan, Mississauga, and Scarborough.

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