Divorce Lawyer Toronto
Protecting Rights, Children & Financial Stability — Divorce Lawyer Toronto
Divorce matters in Toronto carry deep emotion, uncertainty, and fear-especially when children or safety are involved. At Smithen Family Law, we meet you with compassion, clarity, and strategy. You will not have to face this alone.
WHAT WE DO
Understanding Divorce in Ontario
In Canada, you must demonstrate that your marriage has broken down before the court will grant a divorce. This can be established in three ways: separation for at least one year, adultery, or cruelty. Most Toronto divorces are based on a one-year separation. Adultery or cruelty cases are rarely, if ever, litigated anymore because they take far longer than a year to resolve, and the cost of calling evidence far outweighs the cost involved. You do not need your spouse’s consent to get divorced after a one-year separation. Divorce in Canada is on a “no-fault” basis.
Even when both parties agree that the marriage is over, the process can feel overwhelming. There are financial disclosures to prepare, property to divide, parenting arrangements to negotiate, and support obligations to determine. Kathryn guides clients through every stage, ensuring nothing is overlooked. The granting of a divorce is generally the last step in a family law case, once all other issues are resolved on a final basis.
WAYS WE SUPPORT YOU
Contested vs. Uncontested Divorce
An uncontested divorce means both parties agree on all issues: parenting, support, and property division. These matters can often be resolved efficiently through a separation agreement, allowing the divorce itself to proceed as a straightforward, uncontested application.
A contested divorce occurs when the parties cannot agree on one or more issues. These cases require strategic litigation — motions, conferences, and potentially a trial. Kathryn is an experienced litigator who prepares thoroughly, negotiates from strength, and advocates fiercely in court when necessary.
The Divorce Process: Step by Step
STEP 1 — Initial Application
The divorce process begins with filing an Application (Form 8) with the Ontario Superior Court of Justice. The opposing party prepares an Answer, and then the person who started the Application has a right of Reply.
STEP 2
Both parties must attend a Mandatory Information Program in Ontario, which is generally a 1- 2 hour online program that explains family law that might apply to your case.
STEP 3 — Financial Disclosure
Both parties must complete a Financial Statement listing all income, deductions, monthly expenses, assets, debts, and inheritances, if any exist. They must also provide documents that verify the entries in their Financial Statement. Full financial disclosure is mandatory. Kathryn ensures her clients’ disclosure is accurate while scrutinizing the other party’s disclosure for omissions and inconsistencies.
STEP 4 — Case Conference
The parties, counsel and the court schedule a case conference to identify the issues, order missing financial and other disclosure, and explore the possibility of early settlement. Many cases can resolve at or before this early stage, provided all disclosure is forthcoming, the parties are motivated to do so, and they are able to negotiate.
STEP 5 — Negotiation or Mediation
If issues remain, Kathryn negotiates fairly but aggressively or supports clients through mediation.
STEP 6 — Motion (if needed)
If interim issues arise — such as temporary support or exclusive possession of a matrimonial home and/or a restraining order — Kathryn brings a motion for immediate relief.
STEP 7 — Sometimes Questioning is required of the parties
Sometimes professional Parenting Assessments are required. Sometimes the Office of the Children’s Lawyer conducts a clinical investigation at the invitation of the court. Each case is different.
STEP 8 — Settlement Conference
Once all disclosure is made and reviewed, the parties put forward settlement proposals and, with a judge’s help, try to resolve the case on a final basis.
STEP 9 — Trial Scheduling Conference
Before a Trial is scheduled, the parties must set out the issues, their proposed witnesses, timelines for the giving of evidence and cross-examination, and commitments to deadlines for producing Trial documents prior to the Trial. A Case Management Judge incorporates all of these into a court Order.
STEP 10 — Trial
If no settlement is reached, the case proceeds to trial. Kathryn prepares meticulously and presents a compelling case in the roughly 10% of family law cases which go to Trial in Ontario.
How Kathryn Protects What Matters Most
When you hire a divorce lawyer, you are hiring an advocate who will protect your financial security, your parenting time, and your dignity. Kathryn focuses on four priorities in every divorce:
PROPERTY DIVISION & EQUALIZATION
Ensuring you receive a fair share of the matrimonial property after full financial disclosure is made by both parties and non-parties if outside sources of information are required.
SPOUSAL SUPPORT
Advocating for appropriate support amounts based on your legal entitlement, the SSAG and your circumstances as they relate to the law on spousal support.
CHILD CUSTODY & PARENTING
Protecting your role as a parent and the right of your child to grow up in safety and calm.
CHILD SUPPORT
Ensuring support calculations are accurate, and all income sources are disclosed.
She also handles complex cases involving business valuations, hidden assets, international property, and high-conflict parenting disputes.
Why Choose Us
Compassionate, Strategic Guidance Rooted in Safety and Respect
At Smithen Family Law, we understand how overwhelming divorce can be-emotionally, financially, and logistically.
Our trauma-informed approach blends empathy with strong legal strategy to help you feel grounded and protected. We walk you through your options step by step, ensuring you’re supported-not pressured-through every decision. With clarity, compassion, and unwavering commitment to your well-being, we help you build a stable, secure foundation for your next chapter.
Stories of Strength
What Our Clients Say
The most meaningful measure of our work is the lives rebuilt along the way. These stories reflect courage, trust, and the quiet victories that matter most when navigating family law and personal transformation.
She Worked Hard and Stayed With Me Through Everything
K. Smithen was attentive, professional, and dedicated throughout my case. She listened, answered all my questions, and fought for the best interests of me and my child. Her compassion and hard work made a difficult process easier. I strongly recommend her.
M.O.
Her Guidance Helped Me Feel Protected and Supported
Ms Smithen is professional and cares for her clients. I was able to focus in my situation and rely all the legal stuff to her. Due to her knowledge, I was able to secure a home for my kids. She offers good advice and makes sure the job gets done. Her rates are fair and the quality of her job is excellent. She is prompt to respond even on weekends or evenings. During the worst time of my life I felt protected and care for. Without her I would have been a mess. She is strong communicator and when in court she has a great presence and makes you feel comfortable in an unfamiliar environment. When sick you call a doctor. With a divorce you want her representing you.
L.K.
Her Team Supported Me Through Every Step With Grace.
Kathryn listened carefully to my situation and made me feel safe and supported. She and her team worked diligently, guided me with grace, and helped me stay focused during a difficult time. Her professionalism, strength, and compassion made a tremendous difference. I strongly recommend her.
WY Chan
Dedicated, Empathetic, and Truly Exceptional Representation.
Kathryn is dedicated, understanding, empathetic, and incredibly sharp. She represented me in family court with outstanding attention to detail. I felt heard, validated, and fully supported throughout the process. I am forever grateful for her hard work and commitment to my case.
MCF
Her Compassion and Integrity Helped Us Stand Again.
My divorce was extremely difficult, but Kathryn helped us land on our feet. She handled my case with exceptional compassion, professionalism, and attention to detail, protecting me and my children at every step. I am deeply grateful for her integrity and dedication. She is truly the right lawyer in hard times.
Asta Velyviene
She Helped Me Protect My Son and My Future.
Kathryn guided me through my divorce and child custody case with compassion and constant support. She kept me informed, answered every question, and helped me secure a fair agreement that protected my son’s special needs. Her judgment, creativity, and dedication made a difficult process manageable.
Paula Goncalves
Your Next Step Starts Here
Steady Guidance Through Divorce.
Divorce can feel overwhelming and uncertain. We provide clear advice, thoughtful strategy, and compassionate support to help you navigate the process, protect what matters most, and move forward with confidence.
Support and Clarity
Frequently Asked Questions
Divorce often brings uncertainty and difficult decisions. This section answers common questions about the process, your options, and what to expect, helping you move forward with clarity and confidence.
Do I need a lawyer for an uncontested divorce?
While it is possible to complete an uncontested divorce without a lawyer, having a divorce lawyer review your agreement ensures that your rights are fully protected. Many women discover later that they signed away important rights or overlooked significant assets when they try to do this work on their own or at the instigation of their estranged spouse. Kathryn reviews agreements to ensure fairness and to avoid common traps used by other parties before you sign.
How long does a divorce take in Ontario?
Most divorces take between six months and two years, depending on the divorce and the other family law issues. An uncontested divorce with a separation agreement in place can be completed in as little as four to six months. Contested divorces typically take twelve to twenty-four months.
How much does a divorce lawyer cost in Toronto?
Legal fees vary depending on complexity. Kathryn offers transparent fee structures, including flat-fee options for uncontested divorces, cohabitation agreements and separation agreements. During your consultation, she explains the fee structure that applies to your specific matter.
