How long will it take to get a Divorce in Ontario?
On average, it takes approximately 6-12 months, but this can be shorter or longer depending on a number of factors and the case’s specific circumstances. It is important to note that divorce can be complex and time-consuming; therefore, you can highly benefit from our divorce lawyer and make the process of divorce in Ontario less painful and complicated.
Many of our prospective clients assume that they can get a divorce in Ontario within a matter of days. This is not true. A common reason for many people to want to expedite the process for a divorce is that they may intend on getting remarried and need a divorce as soon as possible. Such people should be careful and should plan ahead of time in order to make sure that there are no hurdles in place to their remarriage.
There are various steps involved in obtaining a divorce in Ontario, which all add time to the procedure. On average it can take up to four months for your divorce to take effect from the time you file your Application for Divorce with the court.
How Long Does an Uncontested Divorce Take in Ontario?
The length of time it takes to get an uncontested divorce in Ontario typically ranges from two to four months. This timeframe is based on the fact that both spouses are in agreement with all terms of the divorce, including property division, child custody and support, and alimony. If the spouses cannot agree on all terms of the divorce, then the process can take significantly longer.
An uncontested divorce is a faster and simpler way to get divorced, as it does not involve going to court. If both spouses can agree on the terms of the divorce, the divorce will be finalized without a trial.
Divorce Clearance Certificate
A divorce clearance certificate is a document that is issued by the Central Registry of Divorce in Ottawa once a divorce is finalized. This certificate is required in order to remarry in Ontario. The process of getting a divorce clearance certificate usually takes a minimum of four weeks.
Service of Documents
One of the first steps in getting a divorce is serving your spouse with the divorce papers. You can serve the papers yourself or have a process server do it for you. Service of documents by the process server can take from 1 to 3 weeks if your spouse is cooperative.
If the respondent is not cooperative, then the process server will use other methods to serve them, such as posting the documents at their place of employment or residence, or having a friend or family member hand them the papers. If all of these methods fail, then the process server will apply for a warrant to have your spouse forcibly served. All of this can delay the process for up to 8 weeks.
If your spouse does not respond to the papers, they will be granted by default and the court will make decisions about property, children, and support unilaterally. If your spouse does respond, the case will go to court and a judge will make decisions about the divorce.
Divorce Hearing
If the spouses are not in agreement, the case will go to court and a judge will make decisions about the divorce. After the divorce hearing has taken place, it will usually take two to four weeks for the divorce to be finalized.
Divorce Certificate
A divorce certificate is a document that is issued by the province of Ontario to show that a divorce has taken place. The divorce certificate is required in order to change your name or re-marry. The process of getting a divorce certificate usually takes four to six weeks from the Date of the Divorce Order. This makes the divorce final.
Contested Divorce in Ontario – How Long Does it Take?
If the spouses are not in agreement on the terms of the divorce, then the case will go to court. A contested divorce is a more complicated and time-consuming process than an uncontested divorce. It will involve having a judge make decisions about the divorce. The process can be further complicated if one or both of the spouses hires a lawyer.
Divorce with Other Relief
A contested divorce can take from 6 months to 3 years or more to resolve. This is due to the fact that the court will have to rule on the contested issues.
One of the most complex issues in a contested divorce is property division. In most cases, the property will be divided equitably, but there can be disagreements over what is considered to be marital property and what is considered to be separate property.
Child custody and support can also be a complex issue in a contested divorce. The parents may not be able to agree on who will have custody of the children or how much child support will be paid.
Alimony can also be a contentious issue in a contested divorce. One spouse may want to receive alimony while the other spouse may not want to pay alimony.
In a contested divorce, you or the other party can apply to the court to separate the relief of Divorce from other relief. This means that the court will only rule on the issues that are in dispute and not on the issues that have been resolved. This can speed up the process, but it can also make it more expensive.
Since they take longer to resolve, contested divorces result in higher legal costs. You can expect to spend at least $5,000 on legal fees in a simple contested divorce. A moderately complicated contested divorce can result in legal fees of between $7,000 and $10,000.
For more information on getting a divorce in Ontario please contact our Toronto divorce lawyer.
Helpful Resources:
Divorce and Separation
Family Justice Services
Child Custody and Access
Spousal Support
Child Support
Division or Equalization of Family Property
Treatment of a Matrimonial Home
Enforcement of Support Payments
Child Protection
Child Adoption
