Divorce litigation is the process of resolving marriage breakdown and related issues — property, support, children — through the Ontario family courts. Litigation does not mean fighting to the end. An experienced litigator helps you assess every decision point: when to push, when to negotiate, and when to ask the court to intervene. The goal is always your actual interests, not a courtroom victory for its own sake.
Miao He also handles uncontested divorce — when both parties can reach agreement, she drafts separation agreements that resolve all issues at a fraction of the cost and time of litigation. Approximately half of her cases settle without going to court. If you are unsure whether your situation calls for negotiation or litigation, the first step is a consultation.
Litigation Strategy: Win on Timing, Not on Emotion
Many clients come to me with one thought: I want to win. That is completely understandable — divorce is one of the hardest experiences a person goes through, and the anger and hurt are real. But a good litigator has to stay calm and assess each step on its legal merits, not emotions.
I have seen too many cases where a client spent $50,000 in legal fees fighting over a $10,000 dispute. Even if they won, did they really win? That is not the result clients want. My job is not just to win in court — it is to help you make decisions that are genuinely in your interest.
When to Push: Knowing You Will Win, and Going All In
Case Example 1: Disclosure Motion — Won the Motion and $5,000 in Costs
Financial disclosure is a fundamental obligation in Ontario divorce proceedings. The law requires both parties to fully disclose their financial situation throughout the marriage. In one case, opposing counsel told their client they only needed to provide three years of financial records, and refused to produce more, claiming "there is no legal requirement."
That position was wrong. Extensive case law supports requiring longer periods of financial disclosure in appropriate circumstances. We brought a disclosure motion. The result: the court ordered the opposing party to produce complete financial records. The judge also directly criticized their position from the bench — and awarded my client $5,000 in costs. When the law is on your side, pushing forward does not just win you the information — it makes the other side pay for their delay.
Case Example 2: Order for Sale of Matrimonial Home
The matrimonial home has a special status under Ontario family law. Both spouses have an equal right of possession, and neither can unilaterally block the sale. In one case, opposing counsel insisted the home "did not have to be sold" and refused to cooperate with the sale process.
I brought a motion for an Order for Sale. The court granted it, directing the mandatory sale of the matrimonial home. Opposing counsel's position was not just legally wrong — it wasted both parties' time and money. This kind of error usually reflects a lack of real courtroom experience in family law.
When to Stop: Never Bring a Motion You Know You Will Lose
An experienced litigator also knows when not to fight. Bringing a motion with a very low chance of success does not just cost you in legal fees — if you lose, you may be ordered to pay the other side's costs as well. I will tell you directly at the outset: is this step worth it, why or why not, and what is a better alternative. Honest analysis is the most valuable thing I can give you.
Spotting Delay Tactics and Responding Fast
Delay is one of the most common tactics in divorce litigation — delaying financial disclosure, delaying responses, delaying court dates. Every delay costs you time, money, and emotional energy. I monitor every step of the case closely. The moment I see delay, I move immediately: a Case Conference request, a motion, or an application for the court to set a mandatory schedule. The other side quickly learns that delay does not work here.
Knowing the Court: Experience That Cannot Be Taught
Different judges in Ontario family court have different styles and priorities. Some lean toward settlement first. Others are extremely strict about incomplete financial disclosure. Some have consistent frameworks for custody matters. This can only be learned through extensive courtroom experience. I adjust my argument strategy based on the specific judge, presenting your case in the most effective way possible.
Full Mandarin Service — So You Actually Understand Your Own Case
Many Chinese-Canadian clients tell me that before finding me, they always felt "sort of understood" what was happening with their previous lawyer. They did not know what the next step was, why a particular decision was being made, or even where their case stood. That is unacceptable. I provide full Mandarin service. Every legal step is explained clearly, so you genuinely understand what is happening and why.
Q: My spouse keeps stalling on financial disclosure. What can I do?
A: You can bring a disclosure motion asking the court to order complete financial records. If the other party refuses without good reason, the court will not only order production — it may also award you costs against them. Miao He has successfully handled these motions. Call 647-930-6688.
Q: How do I know if I'm getting the best advice?
A: One sign of a good lawyer is that they will tell you which fights are not worth having — rather than agreeing to every motion you suggest. If your lawyer never discusses cost-benefit and simply proceeds with everything, that is worth paying attention to. Miao He's commitment is to give you honest, clear analysis at every decision point.
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Initial consultation 30 minutes · $220 + HST · Mandarin & English · Usually responds within 3 business days
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