How Long Does the Average Divorce in Ontario Take?

How long a divorce takes in Ontario depends on whether it is contested or uncontested and how many aspects the two parties agree on. An uncontested divorce is faster than a contested divorce and usually takes just a few months. A contested divorce can take much longer and may even take years to resolve if there are complicated custody decisions or several trials within the divorce.

Just because divorce is common doesn’t make it simple or quick. By rushing through the process, you may end up settling for less than you deserve. Talk with one of our lawyers to find out what you may be entitled to in a divorce and how long you can expect the process to take.

How Long Do I Have to Wait to File for Divorce?

In Ontario, the courts require that couples who want to divorce be separated for at least one year before filing for divorce. This is designed to ensure that couples don’t rush into divorce proceedings only to regret it later on. Having to live “separate and apart” for a year can also make it easier for the parties to know what they want out of the divorce agreement.

For example, they may already have a visitation schedule that’s working for them so that can be easily incorporated into the divorce agreement. Spouses who are divorcing for reasons of abuse or infidelity do not have to abide by the waiting period.

The one-year separation period is a mandatory waiting period under the federal Divorce Act, which governs divorces across all provinces, including Ontario. This separation can occur even if the spouses continue to live under the same roof, provided they demonstrate that they are living separate lives — for instance, by not sharing finances, meals, or social activities. This is sometimes referred to as “living separate and apart under the same roof,” and the court will consider the facts carefully to determine if this condition is met.

During this separation period, couples often negotiate and finalize a separation agreement that addresses key issues such as child support, parenting arrangements, spousal support, and division of marital property. Having a comprehensive separation agreement in place can significantly streamline the divorce process once the application is filed, as many contested issues will already be resolved.

What Are Some Options to Speed Up a Divorce?

The easiest way to speed up a divorce is to look at it as a cooperative process. The more both parties can agree on, the less time the courts have to use in making decisions that the parties can’t make for themselves.

If you want to make your divorce as efficient as possible, try to work out agreements with your ex for the major issues like property division, child custody, and spousal support in advance so all you need is a judge to sign off and make it final.

One effective way to achieve this is through a joint divorce application, where both spouses file the divorce papers together and agree on all terms. This type of uncontested divorce generally moves faster through the superior court of justice, with fewer delays caused by court hearings or disputes. The preparation of the joint divorce application typically takes one to three weeks, followed by court filing fees and administrative processing.

Additionally, engaging a trained mediator can help facilitate discussions and negotiations, allowing couples to resolve contested issues without lengthy court battles. Mediation often leads to settlement conferences that narrow down remaining disputes, reducing the time-consuming process of attending multiple court hearings.

Prompt and full financial disclosure is also crucial to avoid delays. Providing complete financial information regarding income, assets, debts, and marital property helps both parties and the court make informed decisions, especially in cases involving child support or spousal support.

Finally, working with an experienced family law lawyer can help you navigate the divorce process efficiently, ensure all legal requirements are met, and avoid common pitfalls that cause delays. Your lawyer can assist in preparing accurate divorce papers, filing the application correctly, and representing your interests during any necessary court appearances or settlement conferences.

When is the Divorce Actually Final?

Many people think that the divorce is final at the resolution of the last hearing or when the judge issues the divorce decree. However, this isn’t quite true. In Ontario, a divorce is final at 31 days after the judge grants the divorce.

This 31-day waiting period is a mandatory requirement under the federal Divorce Act and applies to all divorces in Ontario, whether uncontested or contested. During this time, either spouse may apply to the court to vary or set aside the Divorce Order under limited circumstances, such as if there was a procedural error or new evidence emerges. Only after this waiting period passes without such an application can the divorce be considered legally final.

While this may be close enough to not be an issue for most people, parties getting a legal divorce so that they can marry someone else must pay careful attention to this timeline. The final divorce certificate, which serves as official proof of the marriage breakdown and legal dissolution, is typically issued after this period. This certificate is essential for changing your name, remarrying, or dealing with other legal matters.

The first step in filing for divorce is to contact an experienced family law lawyer. Our divorce lawyers are knowledgeable about all facets of divorce and know what questions to ask to find out how long your divorce may take. To get more information and get the process started, call 647-933-2397 today to schedule your appointment.