On average, a simple or uncontested divorce takes 4 to 6 months to conclude, whereas a contested divorce can take longer, depending upon the complexities.
You have to be separated for one year before a divorce in Ontario can be filed, and a divorce order only becomes effective after 31 days from the date of the divorce order.
Divorce is a complex legal journey marked by emotional and practical challenges. At Shaikh Law Firm, we understand the importance of navigating this path with clarity and support. This guide aims to provide a concise overview of the divorce process in Ontario, focusing on the key question: How long does it take to obtain a divorce?
In Ontario, the duration of divorce proceedings varies, influenced by factors such as whether the divorce is contested or uncontested, complexities in asset division, and child custody arrangements. This resource offers insight into these variables, helping you set realistic expectations for your unique situation.
Our commitment at Shaikh Law Firm is to equip you with the necessary knowledge and guidance for this significant life transition. Should you require further assistance or personalized advice, our team of legal experts is readily available to support you through every step of the process.
4 to 6 Months
6 months to 3 years
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One Spouse files uncontested divorce
Both spouse apply togehter for uncontested divorce
Before you file your simple divorce in Ontario or uncontested divorce in Ontario, you want to make sure you are eligible to file your divorce application.
a. separation for one year.
b. adultery.
c. cruelty.
Understanding and meeting these requirements is the first step towards initiating your divorce process in Ontario.
In Canada, to file for divorce on the grounds of separation, couples must have lived apart for at least one year. This one-year period is a mandatory requirement, serving as evidence of the breakdown of the marriage with no likelihood of reconciliation. However, it is important to note that while you can initiate your divorce application before the completion of this one-year period, the divorce will not be finalized or heard in court until after the one-year mark has passed. This provision allows for the preparation and processing of divorce paperwork in advance, ensuring a more timely resolution once the separation period is completed.
Embarking on the divorce process in Ontario involves several key steps, from filing the initial application to the final granting of the divorce order. While this process can seem daunting, understanding each stage can make it more manageable.
Brief Steps in the Divorce Process:
For a more detailed guide and practical advice, we invite you to read our comprehensive page on “9 Tips on How to File for Divorce in Ontario.“
This resource is tailored to provide you with valuable insights and strategies to navigate the divorce process effectively. Please click here for more information.
Generally speaking, a straightforward or uncontested divorce takes around 4 to 6 months to conclude, where no additional claims like custody, support or property division are made.
Divorce Clearance
After filing for an uncontested divorce, there is a waiting period of 1 to 2 months for the issuance of a Clearance Certificate from the Central Registry of Divorce in Ottawa. This waiting time may increase if there are filings with similar names in other provinces or discrepancies between names on the marriage and divorce documents.
Service of Documents
The Divorce Application must be served to the other party, which can take 1 to 3 weeks, assuming the other party is reachable and cooperative. If the respondent is uncooperative, you may need to file for a motion for substitutive service, potentially delaying the process by an additional 4 to 8 weeks.
If service is completed within a month, the respondent has 30 days to respond (60 days if served outside Canada). Thus, it may take about 3 months until the matter is ready for final hearing.
Divorce Hearing
Once the Divorce Clearance Certificate is obtained and the respondent fails to respond within the stipulated time, the case is set for a Divorce Hearing. It can take another 4 to 8 weeks for the court to process the Divorce Order.
Divorce Certificate
After receiving the Divorce Order, a 30-day waiting period is required before the Divorce Certificate is issued by the court. The divorce is finalized only after these 30 days.
When dealing with contested divorces in Ontario, the duration can extend considerably compared to uncontested cases. Contested divorces in Ontario, on average, can take anywhere from 6 months up to 3 years or more to be fully resolved.Typically, a contested divorce, which may involve disputes over child support, custody, spousal support, and property division which is the primary cause of extended timelines.
Divorce with Other Relief
In cases of contested divorce, one party may opt to separate the divorce proceedings from other disputed issues. This is achieved by filing a motion to bifurcate the divorce from other claims, potentially expediting the divorce itself, though this isn’t always straightforward. Consulting a divorce lawyer is critical to assess the likelihood and process of bifurcating the divorce claim from other ongoing disputes.
Legal Costs and Complications
Given their complexity, contested divorces generally involve higher legal expenses. A simple contested divorce may incur costs up to $5,000 + tax, while a moderately complicated case could approximate $7,000 + tax.
Path to Uncontested Divorce via Separation Agreement
Many parties in Ontario find it advantageous to enter into a Separation Agreement to amicably resolve their disputes, transitioning towards an uncontested divorce. This strategy can significantly decrease both the time and costs associated with the divorce process.
Finalizing the Divorce
Irrespective of the type of divorce, a Divorce Certificate is issued 30 days after the Divorce Order is granted. This certificate marks the official conclusion of the marriage.
In Ontario, the timeline for completing a divorce varies depending on several factors. Generally speaking a straightforward or uncontested divorce takes around 4 to 6 months to conclude, considering aspects like property division and custody agreements. However, more complex cases, particularly contested divorces that require courtroom litigation, can extend beyond this timeframe.
Key Influencing Factors:
While a general timeframe for an uncontested divorce in Ontario can be estimated as 4 to 6 months, it’s essential to recognize that each case is unique. The actual duration of a divorce can be influenced by a variety of factors, including the complexity of the issues involved and the effectiveness of the legal proceedings. At Shaikh Law Firm, we are committed to guiding our clients through this process, offering tailored advice and support to navigate these complexities efficiently.
Disclaimer
Divorce Lawyer Ontario costs $999 for an uncontested divorce in Ontario. If you have additional claims made, then you may need a separation agreement before filing for an uncontested divorce, or you may need to file a contested divorce. Similarly, if the other party files a claim in response to your application for a simple divorce, your application becomes a contested divorce.
Please get in touch with our divorce lawyers in Ontario for a free consultation.
Expenses such as court fees of $669 and the cost of service of documents (approx $99 for the GTA) are not part of our divorce lawyer’s cost or legal fees. Additional fees and costs may apply if the other party is not based in Ontario.
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