I Want to Get Divorced as Quickly as Possible

When you have decided to get a divorce, the last thing you want is for it to become a long, drawn-out process. Getting divorced is difficult and upsetting. The faster it gets done, the faster you can start rebuilding your life.

Fortunately, in Canada, getting a divorce does not have to be a lengthy or complicated affair. In Ontario, most divorces are granted within six months of case initiation. Four months as the median length of time.

It is easy to learn how to get a quick divorce. In general, the more you and your spouse are able to cooperate, the faster the process will be. Once you understand how divorce works, you will be able to make your divorce go as quickly as possible.

Related: How Long Does Divorce it Take to Get a Divorce in Canada?

Grounds for Divorce Impact the Process Timeline

In Canada there is only one ground, or legal reason, for divorce. That ground is marriage breakdown. In order to get a divorce, you have to show that your marriage has broken down. You can show that your marriage has broken down based on:

• A one-year separation
• Your spouse’s cruelty
• Your spouse’s adultery

If you ask for a divorce based on your spouse’s cruelty or adultery, you will have to prove the wrongful behaviour.

Canada has “no-fault” divorce. Courts usually will not take cruelty or adultery into account when making decisions about property division or support. When it comes to children, courts will take this into consideration only if it affects the spouse’s ability to parent.

In most cases the only advantage to asking for a divorce on the basis of cruelty or adultery is that you will not have to wait for a year to become eligible for the order. However, for obvious reasons, divorces requested on these bases tend to be long and difficult. A judge may even grant a divorce based on one year’s separation instead if a court action drags on that long before the matter comes to court.

Because divorces with the basis of cruelty or adultery can be complicated, it is best to seek legal advice from a trusted family lawyer.

Related: Am I Automatically Divorced After a Long Separation?

Uncontested Divorce: the quickest and cheapest way to get a divorce in Ontario

When you and your spouse agree, your divorce is referred to as “uncontested.” They are usually the quickest and least expensive, and obviously, the most desirable kind of divorce. Generally speaking, your divorce will go most quickly if you and your spouse come to an agreement. The family law matters attendant upon divorce are:

• Property division
• Child custody and access
• Child support
• Spousal support

In Ontario the types of divorce application are simple, general and joint. A simple divorce application is where you are requesting a divorce only, not making other family matter claims. You and your spouse can also jointly apply for divorce, in which case no one has to serve the other party. If you as the sole applicant are making other claims, you use a general application. If you and your spouse agree on all of your family matters, you can make a joint application for divorce with other claims.

You can apply for a divorce alone, if you have children. But courts will not grant a divorce until you show that you have made adequate child support arrangements.

Simple Divorce Application in Ontario

1. Determine Eligibility

Before starting, ensure that you meet the eligibility criteria:

• You or your spouse have lived in Ontario for at least one year.
• You have been separated for at least one year, or have grounds for an immediate divorce (such as adultery or cruelty).

2. Gather Necessary Documents

You’ll need the following documents, such as marriage certcificate and completed divorce application forms (Form 8A: Application (Divorce) and possibly Form 6B: Affidavit of Service). Read the detailed requirements here.

3. Serve the Documents

You must serve the divorce application to your spouse. This can be done by:

• Hiring a process server.
• Asking a friend or family member over 18 to serve the documents.
• Serving by mail or courier (ensure you get a receipt or delivery confirmation).

4. File the Documents

Submit the completed forms to the court. You can do this by:

• Filing in person at your local family court.
• Filing online via the Ontario Court’s portal.

Read the deatils on what to include.

6. Pay the Filing Fee

The filing fee for a simple divorce is approximately $669, which is paid in two installments:

• First installment: $224 when filing the application.
• Second installment: $445 when obtaining the Divorce Order.

If you cannot afford the fees, you can apply for a fee waiver.

7. Wait for Response

After filing, your spouse has 30 days (60 days if they live outside Canada or the USA) to file an answer if they contest the divorce.

8. Obtain a Divorce Order

If your spouse does not contest, you can apply for a divorce order. Submit:

• Form 36: Affidavit for Divorce.
• Form 25A: Divorce Order.
• Form 6B: Affidavit of Service (if not already filed).

9. Receive the Divorce Certificate

Once the judge grants the divorce order, wait for 31 days before it becomes final. Then, you can request a Divorce Certificate (optional) by filing Form 36B.

Getting There

If your divorce is uncontested you can obtain it without ever having to go to court. This state of affairs is known as a “desk divorce.”

Uncontested divorces and desk divorces are available only to divorcing couples that agree on all matters. Reaching agreement may take work.

An experienced divorce lawyer can help you formalize the terms you’ve agreed to.

Legal Consultation

Just because you and your spouse are not in perfect accord about your family matters, does not mean that you cannot get a quick divorce. Consult a divorce lawyer for help with achieving a fast and smooth divorce.

Each individual Toronto family lawyer at Fine & Associates will be able to assist you, no matter how big the problem may be. Divorce lawyers come in all shapes and sizes, so choose one that fits your needs.

Schedule a free consultation as soon as possible, to get a quick divorce.

Useful resources about alternative dispute resolution:

• Ontario Divorce Checklist
• Separation Checklist
• What Happens During Divorce Mediation?
• Divorce Arbitration Process
• Mediation vs Arbitration
• Collaborative Law
• Family Lawyer Cost in Ontario