How Long Does a Divorce Take in Ontario?

The short answer

Most people want a number, so here it is honestly: an uncontested divorce often takes about 4–6 months once the application is filed, depending on court backlogs. A divorce where you and your spouse disagree about children, support or property can take a year or more.

Those are ranges, not promises. Your timeline depends on when you separated, how much you agree on and how busy the court office is when you file.

The one-year separation rule

In Canada, the only ground for divorce is that the marriage has broken down. In practice, almost everyone proves that by showing they have lived separate and apart for at least one year. Adultery and cruelty are also recognized, but they are rarely used because they require proof and tend to raise conflict.

A few things people are often surprised to learn:

• You can separate under the same roof. Many couples keep living in the same home for financial reasons. What matters is that the relationship has ended, for example separate bedrooms, separate finances and no longer presenting as a couple.

• A short reconciliation doesn’t reset the clock. Under the Divorce Act, you can live together again for up to 90 days in total, to try to make things work, without restarting the one-year period.

• You can file before the year is up. The court simply won’t grant the divorce until a full year has passed since you separated.

• One of you must live in Ontario. To divorce in an Ontario court, at least one spouse must have lived here for at least one year immediately before the application.

Uncontested vs. contested divorce

An uncontested divorce means your spouse isn’t opposing the divorce and there is nothing else for the court to decide. Often the important issues are already settled in a separation agreement. You can apply jointly, or one spouse can apply alone and serve the other.

A contested divorce is one where the divorce is tied to issues you haven’t agreed on, such as parenting time, decision-making responsibility (what used to be called custody), support or dividing property. These cases move at the pace of negotiation or the court process, which is why timelines vary so much.

Step by step: an uncontested divorce

Divorces in York Region are handled by the Ontario Superior Court of Justice. Here is what the process usually looks like:

1. Gather your documents. You’ll need your marriage certificate (or registration of marriage) and the basic details of your separation and any children.

2. Prepare and file the application. You can file a joint application together or a simple application on your own. Many applications can now be filed online.

3. Serve your spouse (simple applications only). Your spouse must be formally given the papers. They have 30 days to respond if they live in Canada or the United States, and 60 days if they live elsewhere.

4. File your affidavit. Once the response time has passed, you file a sworn statement confirming the facts, including the arrangements made to support any children.

5. A judge reviews the file. Uncontested divorces are usually decided on paper, without anyone going to court.

6. The divorce takes effect. A divorce order normally takes effect 31 days after it is made, which allows time for an appeal. After that, you can request a certificate of divorce, the document you’ll need if you plan to remarry.

What can slow things down

Some delays are within your control, and some aren’t. The most common ones are:

• Child support arrangements. A judge won’t grant a divorce unless reasonable arrangements have been made to support the children. Missing financial details are a frequent reason files are returned.

• Errors in the paperwork. Small mistakes, such as a name that doesn’t match the marriage certificate, can send an application back for correction.

• Finding your spouse. If you can’t locate your spouse to serve them, you may need the court’s permission to serve them another way.

• Court backlogs. Processing times differ from courthouse to courthouse and can change through the year.

• A marriage outside Canada. You may need a certified or translated marriage certificate, which takes time to obtain.

Separation issues usually come first

The divorce itself only ends the marriage legally. It doesn’t decide where the children live, who pays support or how property is divided. Those are usually worked out first, through negotiation, mediation or, if needed, a court case.

In some situations, the divorce can be separated from the other issues so it can go ahead sooner, for example when one spouse wants to remarry. A judge will consider whether that would be unfair to the other spouse.

Keep deadlines in mind, too. If you were married and want to claim a share of property through equalization, waiting too long after your divorce can affect your rights. It is worth getting advice before you file.

Talk it through with us

Every family’s timeline is different. In a free 30-minute confidential consultation, we’ll look at where you are now, explain the realistic options and help you plan the next step, in person, by phone or by video.