Exploring the Core Areas of Conflict in Divorce Cases

Dec. 3 2025, Published 1:34 a.m. ET
Earlier, custody was the legal term commonly used in divorce cases in Ontario. It has since been refined and is now called decision-making responsibility, reflecting the fairness of the law towards individuals who were bound by marriage but now seek separation for various reasons. Decision-making responsibility lies with the person who can make crucial decisions regarding a child's future, well-being, general welfare, and religion. Still, couples often disagree on many of these areas and end up in conflict. While one parent may want full authority to make all significant decisions, the other may seek joint decision-making power. These conflicting views often result from gaps in trust and communication.
That’s why it’s essential to seek legal help for family disputes. A lawyer can address all aspects of the issues that arise during a divorce, including parenting schedules and styles, asset and property division, spousal support, and more. Let's explore these distinct areas to understand where couples often go wrong and how to resolve these issues.
Parenting style and child support
Each parent often wants to take complete charge of their children's future. They also argue over how much time each of them will spend with the children and on what schedule. There can be disagreement over how to divide weekends, holidays, and vacations. All these matters often take a sour turn due to differing lifestyles, controlling behaviour, or logistical challenges. Sometimes, things become worse when one parent accuses another of substance abuse or neglect. In these cases, the courts may seek the intervention of child psychologists or the Office of the Children's Lawyer to arrive at an appropriate decision.
How do you navigate this part of your life? Your lawyer can mediate with a focus on the child's best interests. They can prepare a practical parenting plan that clearly defines each parent's responsibilities and schedules.
Division of property and assets
You two bought a home after marriage. Under Ontario law, the property's value must be equally divided between the spouses. However, conflict can still arise during the valuation process, due to the unpredictable Toronto property market. A spouse may argue that the property is worth significantly more or less to affect the overall division of property. When it comes to shared assets, spouses may also disagree about their respective contributions to acquiring or maintaining those assets. For example, one spouse handled the down payment and mortgage, while the other handled domestic work without compensation
Individuals with high-net-worth have to deal with additional challenges because their assets such as investment portfolios, corporations, and other complex holdings require more detailed evaluation. In case, if there is undeclared income or outstanding tax liabilities it will further complicate the division of property. These cases are also handled through mediation and negotiation. Couples often take this route to avoid the expense of litigation.

Nevertheless, these are just two categories. You may also need family legal help to resolve disagreements over spousal support arrangements, financial non-disclosure, and emotional or communication gaps. Many of these issues can be resolved through proper mediation and collaborative efforts. If left unaddressed, they can prolong divorce proceedings and result in wasted time that could have been better spent.


