CHCH: Dealing with an Impossible Ex - Featuring Julia Fogarty, Shulman & Partners

In a recent interview with CHCH Morning Live, Julia Fogarty, Associate Lawyer at Shulman & Partners LLP, discussed one of the most challenging situations in family law: when one spouse refuses to cooperate during a divorce. Even in amicable separations, emotions and finances can complicate the process. When one party resists or refuses to participate, those challenges intensify. Julia explained how Ontario’s legal system provides a clear path forward even in such cases, including the ability to proceed without the other spouse’s consent after a set period of time. She also highlighted key legal distinctions between contested and uncontested divorces, outlined important limitation periods for financial claims, and emphasized the importance of keeping children’s well-being at the center of the process.

“One of the nice things about Ontario is you don't necessarily need the other party to agree to be able to proceed with a divorce... you have to wait about a year but after that you're able to file an application and proceed without their participation.”
— Julia Fogarty, Associate Lawyer at Shulman & Partners LLP

Julia explored the complex dynamics that can arise when one spouse resists a divorce. She began by noting that resistance often stems from emotional or financial struggles. Some individuals are not ready to leave an unhappy situation, while others fear the financial uncertainty that comes with separation. These feelings can make an already difficult process even more taxing.

Fortunately, as Julia explained, Ontario law ensures that one party’s refusal to cooperate does not halt the divorce process. After a mandatory one-year separation period, a spouse can file for divorce independently and move forward even without the other’s agreement. Legal professionals help guide clients through this process efficiently, avoiding unnecessary delays and costs that can arise from unproductive negotiations.

Julia also clarified the difference between uncontested and contested divorces. In uncontested cases, one spouse files for divorce and the other does not respond, allowing the court to grant the divorce based on written materials. Contested divorces, by contrast, occur when a spouse formally objects—often due to financial concerns or disputes about fairness. This is where Ontario’s equalization process becomes crucial. Julia explained that equalization aims to ensure fairness by balancing each spouse’s net worth accumulated during the marriage. She noted that Ontario law imposes limitation periods for such claims: six years from the date of separation or two years from the date of the divorce.

Beyond the financial and legal implications, Julia discussed the emotional realities of divorce, particularly for families with children. While children may not be directly involved in proceedings, they are deeply affected by the outcomes and ongoing tensions between parents. Julia encouraged parents to de-escalate conflicts and focus on cooperative communication, emphasizing that these efforts can ease the transition for children and set a healthier foundation for future interactions.

Finally, Julia highlighted the risks of proceeding without legal counsel. Without proper advice, individuals might agree to terms that are unfair or inconsistent with Ontario’s family law framework. Legal guidance also offers the opportunity to negotiate private separation agreements—protecting confidentiality and reducing the emotional toll that public court proceedings can create.

Watch the full CHCH Morning Live segment here. 

This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.