How Long Does Divorce Take in Ontario?

Going through a divorce can be an emotionally taxing experience. Many clients eager to achieve closure in regard to their family law matters often inquire about how long it will take to get divorced. The honest answer is: it depends. In Ontario, the duration of the divorce process varies widely based on factors such as co-operation between spouses, whether children are involved, and the complexity of the spouses’ financial situation.

The Basics of Divorce

Divorces are governed by the federal Divorce Act. Most couples obtain a divorce on the basis that they have been living separate and apart for at least a mandatory period of one year. A court will not grant a divorce before being separated for one year unless you or your spouse is a victim of either adultery or cruelty (i.e. intense physical and emotional abuse). Even then, the mandatory one-year period of separation may still be the quicker method of obtaining a divorce because proving adultery or cruelty are highly difficult processes.

Types of Divorces and Timelines

1. Uncontested/Simple

An uncontested divorce involves the highest amount of co-operation between the parties and is generally the quickest way to obtain a divorce. It applies when you and your spouse agree on all relevant issues in your matter such as property, parenting, and/or support. It also applies to parties who have already signed a separation agreement and simply need the divorce order issued from the court. This is an ideal process for couples with no children, minimal assets, and a co-operative relationship.

Typical steps for this kind of divorce include:

1. Separation period: 1 year
2. Prepare and file paperwork: approximately 1-3 weeks
3. Court processing time: approximately 2-6 months
4. The divorce legally takes effect: 31 days after the judge signs the divorce order

2. Contested Divorce

Contested Divorces involve cases where there is moderate conflict and unresolved issues. Factors that commonly prolong the process include disagreements on parenting arrangements, support disputes, unequal contributions to the home, and delays in the exchange of financial disclosure. Generally, the more disagreements between the parties, the longer the process will be. These issues require negotiation and court intervention such as case conferences, settlement conferences, and motions which take time to schedule. Even though most contested cases settle before they reach trial, they can still take several months to finalize a divorce.

3. High-Conflict/Complex Divorce

Some divorces require significant court involvement, multiple expert reports, or hearings. In the context of matters involving children, these cases tend to involve disputes about parenting time and decision-making responsibility, allegations of abuse or neglect, and/or involvement of the Office of the Children’s Lawyer. Sometimes section 30 assessments are required which involve obtaining a private expert’s comprehensive evaluation of a child’s needs. These assessments alone usually take several months to complete. Issues involving children almost always lengthen the divorce process because the courts need to carefully examine the facts and evidence to determine the best interests of the child.

Factors that add to the complexity of the parties’ financial situation include family businesses, international assets, hidden income, and multiple properties. These cases often involve the need for expert valuators, business appraisers, and accountants which can add months, or sometimes, years to the timeline. The more assets and properties the couple has, the harder it is to value and divide them.

Sometimes high-conflict/complex divorce cases require full trials to resolve issues. Depending on which courthouse your matter is being heard at and the complexity of your matter, it can take several months to over a year to obtain a family trial date in Ontario. Several weeks may be necessary to complete the trial and several weeks thereafter to receive the judge’s decision. These types of cases can result in the parties engaging in litigation for several years before being able to finalize a divorce.

Conclusion

Although certain factors dealing with complexity may be outside of your control, there are still things you can do to avoid unnecessarily lengthening the timeline. Promptly exchanging financial disclosure, considering mediation, avoiding unnecessary motions, and retaining a lawyer to assist you with your complex disputes are all good ideas that can save you time and money in the divorce process.

It is important to remember that every divorce case is unique and that the timelines above reflect common experiences. If you are engaging in the divorce process or dealing with a high-conflict/complex family law matter, consider retaining a lawyer to provide clarity and assist you in working toward a fair resolution.

See our article, “Ontario Divorce FAQ” for more details about the divorce process.