How long does it take to get a divorce in Ontario?
Initiating divorce proceedings is a complex task, not to be taken lightly. It encompasses extensive paperwork, mandatory waiting intervals prescribed by the Family Law Rules, and multiple court appearances. One of the most common questions we get asked as family law lawyers is “How long does it take to get a divorce in Ontario?” Quoting an exact timeframe is challenging due to a number of factors including the agreement or potential agreement of the parties to the material issues in the case. This article aims to shed light on the intricate divorce process and its timeline, particularly tailored to the province of Ontario.
TIMEFRAMES: Uncontested vs Contested Divorces
Before we dive into the topic of timeframes, it is important to understand what kind of divorce you would be proceeding with, whether uncontested or contested. We have discussed the types of Divorce in another article: Click Here.
TIMELINE FOR UNCONTESTED DIVORCES
An Uncontested Divorce is relatively faster when you and your spouse agree on all the issues surrounding your matter. A party may either unilaterally file an uncontested simple application for divorce, or file a joint application for divorce where both spouses sign a Separation Agreement addressing all the corollary issues.
SIMPLE DIVORCE VS. JOINT DIVORCE
Despite the term “simple divorce”, the process is far from simple. The initial step involves serving the divorce Application and supporting documents on your spouse, which can be expensive and time-consuming.
When filing an uncontested simple divorce Application, serving the Application is necessary as per the Family Law Rules. This step is usually performed by a process server and typically takes anywhere between a day to a week to be served if the other party is reachable and cooperative.
However, complications may arise if the other party cannot be located, is uncooperative, and potentially causes delays in serving the documents. Under such circumstances, it may be necessary to file a motion for substituted service, further prolonging the process by 3 to 6 weeks. To learn more about substituted service: Click Here.
Once your spouse is served with the divorce application, they have 30 days to respond if served within Canada and 60 days if served outside Canada.
In conclusion, a simple divorce can take anywhere between 6 months to a year or more to obtain the Divorce Order depending on the facts and circumstances of each case.
On the other hand, in a joint divorce, both parties file for divorce together after agreeing on all the terms backed by a separation agreement. This agreement is an essential document required by the court. A joint divorce involves mutual cooperation, where spouses work together to achieve a legal separation, addressing court orders and family matters collaboratively. After filing a joint divorce application, a judge reviews the documents and assesses the eligibility of both parties. You may need to attend court or answer questions if the judge raises any concerns.
In a joint divorce, it is reasonable to expect a Divorce Order within 6 months. However, this timeline is specific to the divorce process alone. If other issues in the separation agreement are to be negotiated, timelines may again vary depending on the number of issues, complexity of each issue, and how fast the matter is resolved between the parties to be able to proceed to divorce.
Therefore it is reasonable to expect a joint divorce application to be processed relatively faster than a simple divorce application.
TIMELINE FOR CONTESTED DIVORCE
A contested divorce in Ontario occurs when spouses cannot agree on important issues like parenting, child or spousal support and/or property division. In such cases, they must go to court, and a judge will make decisions on these matters after considering evidence and arguments from both parties. Contested divorces can be lengthy and complex, often requiring legal assistance. A contested divorce can range anywhere between 6 months to 4 years or even longer, depending on the parties’ willingness to cooperate, negotiate, and the Family Court’s availability among various other factors.
However, you may have the option of separating the divorce from other corollary issues if your spouse agrees to the same. This is known as severing divorce. This helps narrow down the issues thereby saving significant time in the divorce proceedings.
In case your spouse doesn’t agree to severing divorce, you may seek a Court order to do the same. While it’s possible, obtaining a Court order to sever divorce from other claims is not always a straightforward process and will add a significant amount of time in the divorce proceedings.
DIVORCE CERTIFICATE IN ONTARIO: MANDATORY 30 DAY WAITING PERIOD
Whether it is an uncontested or contested divorce application, there is a mandatory waiting period of 30 days from the date of the Divorce Order before you can receive a Divorce Certificate from the court.
The divorce certificate is significant because this is the date when the divorce becomes officially finalized.
GET LEGAL ADVICE FROM AN EXPERIENCED PROFESSIONAL
In conclusion, navigating the complexities of divorce timeframes is undoubtedly challenging, but understanding the process can bring a sense of clarity and control during a difficult time. It is crucial for individuals going through divorce to be aware of the legal procedures, documentation requirements, and potential obstacles that might affect the timeline. While each case is unique, seeking professional legal advice and emotional support can significantly streamline the process. If you would like to discuss your case, book a discovery call with us at to assess your options.
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Disclaimer
The content provided in this article or blog is for informational purposes only. It is not intended to constitute legal advice or to replace the advice of a qualified legal professional. While we strive to provide accurate and current information, the law is complex and constantly changing, and each person’s circumstances are unique. Therefore, you should not rely on this information as a substitute for professional legal advice. This information does not create an attorney-client relationship between you and our law firm. We strongly recommend that you consult with a qualified attorney in your jurisdiction to understand your legal rights and obligations. Always seek legal advice before making any decisions that may impact your legal rights or obligations.
