How Long Does It Take To Get A Divorce In Ontario [Updated 2024]

Wondering how long does it take to get a divorce in Ontario? As in most other places, getting divorced in Ontario can be a difficult and time-consuming process. This is especially true when couples have a hard time communicating with one another and cannot reach acceptable agreements concerning the division of assets and the establishment of child custody and child support the process becomes more time-consuming. It may feel like getting a divorce takes forever. However, in the vast majority of cases, divorces come to an end within a defined period of time.

Average Duration of the Divorce Process

Typically, the duration required for finalizing a divorce can vary, ranging from several months to potentially over a year, contingent on the specific circumstances involved. In Ontario, the average timeline for divorce proceedings typically falls within the range of 4 to 6 months, assuming the case remains straightforward without the need for courtroom disputes. This time frame is contingent on the willingness of both parties to work together amicably throughout the process.

While certain aspects of the divorce process remain fairly standard, the amount of time that an Ontario divorce will take is highly dependent upon the parties that are dissolving their marriage.  With good representation, mediation when necessary and a willingness to remain amicable in order to expedite these proceedings, people can minimize their expenses and the amount of time that everything takes.

The Basic Criteria for Divorce in Canada

Canada has a federal law governing divorce, known as The Divorce Act. One of the things the Divorce Act covers is the grounds for divorce in Canada.

The Divorce Act states that you and your spouse must be in a marriage recognized by the Canadian government, your marriage has broken down irrevocably, and you have been residents of the province in which you will be applying for divorce for a year.

What You Should Know About the Time Factors of Getting Divorced in Ontario

One of the most important things that people should know about getting divorced in Ontario is the fact that couples are not legally allowed to complete this process until they have lived separately for at least one full year.  In certain cases this prerequisite can be lifted, however, such as when there has been a known instance of adultery, spousal abuse or physical or mental cruelty.  Couples are considered separated once they no longer share the same abode.

Related: The Canadian Law on “Family Violence” – It’s There to Help You

Getting an Ontario Application for Divorce Finalized

Most commonly, an Ontario application for divorce can be finalized within just four to six months.  This, however, is a time frame that can only be expected when both parties are working proactively together to end their union.  When disagreements pertaining to the division of finances and child custody arise, the entire process will often take a bit longer.

Does It Matter Whose Fault It Was?

Under Canadian law, there is something called a “no-fault divorce.” No-fault divorce means that you don’t have to prove that your spouse did something wrong in order to legally end the marriage.

Understanding Ontario Separations

In order to expedite the process of divorce, many Ontario couples file Separation Agreements.  These are legally binding documents that both parties must honor during the mandatory one year that couples must spend living apart.  These documents will often define the agreed upon manner in which child custody issues will be handled and whether or not either party is expecting child or spousal support.  More importantly, separation agreements also discuss the division of property and establish which person will continue living in the home.

Why Separation Agreements Work

While couples are often eager to get on with their lives after have decided that their unions should be dissolved, the mandatory year of separation and the use of Separation Agreements can actually make divorce proceedings easier.  These things give both parties time to cool off, an opportunity to decide whether or not this is the best decision and a chance to make acceptable arrangements for dividing property and assets prior to the actual divorce filing.

Useful resources

• Separation Agreement Checklist
• Separation Agreement for Common Law Couples
• How to File a Marital separation Agreement in Ontario

Can You Get an Automatic Divorce after a Long Separation?

Divorce in Canada is never automatically granted based on a long separation time. Spouses may be separated for an infinite number of years without being officially divorced.

Getting a Good Divorce Lawyer

Divorce can be a very messy process given that there are many emotions involved.  More importantly, a lot is likely to change for both partners after a divorce has been finalized.  People will often find that their access to employer-issued health benefits have changed or they could have a difficult time dividing their assets without qualified, legal assistance.  Securing a good divorce lawyer in Toronto that is knowledgeable in family law is essential for protecting your best interests and for learning more about how your rights and obligations are going to change.

Related: How to Find the Right Family Lawyer in Toronto and Benefit from Free Consultation

Request a free consultation with our family lawyers in Toronto, Markham and Oakville.

Learn About Potential Alternative Dispute Resolution Options

Exploring alternative dispute resolution possibilities can significantly reduce both the time and cost associated with the process. Mediation, arbitration, and collaborative law are the available dispute resolution options that can expedite divorce proceedings, particularly when both parties are eager to streamline the process.

Mediation involves a neutral third party (a trained mediator) who assists in facilitating negotiations, aiming for mutually agreeable solutions and, ultimately, a quicker resolution.

• Useful resource: What Happens During Divorce Mediation

Arbitration, akin to a private trial where parties have better control over hearing schedules, offers a more efficient alternative to court litigation.

Useful resources:

• Family Arbitration: Process, Benefits, Limmitations and Arbitration Lawyers
• Mediation vs Arbitration: Which One is Better?

Collaborative law promotes open communication between spouses and their lawyers, working collaboratively to reach a settlement and speed up the divorce timeline. By considering these alternative pathways, individuals navigating a divorce in Ontario can potentially achieve a quicker and more cost-effective resolution while minimizing courtroom involvement.

• Useful resource: Collaborative Family Law in Ontario