How Long Does it Take to Get Divorce In Ontario

Getting Divorced in Ontario: What to Expect

Let’s face it – divorce is never easy. As a family law lawyer who has sat across from clients about to embark on the separation process, I understand the emotional rollercoaster you’re on right now. Whether you’ve been contemplating this decision for years or recent events have pushed you toward separation, navigating the divorce process in Ontario comes with its own unique challenges and administrative hurdles.  Many clients tell their divorce lawyer they feel overwhelmed by, not just the emotional aspects, but also the practical “what happens next” questions.  That’s completely normal.

The good news?  With the right family law lawyer by your side, this process becomes much more manageable.  Let me walk you through what you need to know as someone who’s helped guide countless Ontario residents through this difficult transition to their next chapter.

How Long Does It Take?

A surprising compliment of variables can come into play when answering this very fair question, many of which are made much simpler with the guidance of an experienced divorce lawyer.  For example, do you know exactly when you and your partner separated, and do the two of you agree upon this date?  Do you know where your marriage certificate is?  Do you know how busy the courts in your area are and how long they generally take to process an application?  We will explore all of these factors and more in this blog! 

As I’m sure you can imagine, no two situations are exactly alike and when a divorce lawyer is asked the very common question of, “how long will this take?” The first thing they will work to determine is where exactly you are in your separation process.  This helps them determine what steps may or may not have happened so far, and is the best bet to begin establishing an approximate timeline. 

In Ontario, you can pursue divorce on three grounds:

• Separation for one-year 
• Cruelty
• Adultery

Most people work with a family law lawyer to file an application for divorce under the first ground, one-year separation.  This “no-fault” approach simplifies the process considerably compared to proving cruelty or adultery, as is the case when filing for a divorce under those two grounds.

Most clients approach the separation process with a preference for expediency.  People can feel optimistic about the next chapter of their lives, perhaps they have a new relationship or partner, or they just recognize that the separation process can be challenging and emotionally tedious.  So, while a one-year separation is the most common path to divorce in Ontario, it’s also probably the aspect of this process that can be the hardest for clients to digest.  “I have to wait a year to get on with my life!” Perhaps, but there is a chance that year has already begun.

The date of separation is the date you and your spouse separate and there is no reasonable prospect that you will resume your relationship.  You can be separated from your spouse while living under the same roof.  Chances are, you will see a divorce lawyer some time after your separation date.  

Simple Divorce 

A simple divorce, also often referred to as “uncontested divorce,” is when both you and your spouse agree to proceed with the divorce.   The divorce process is different when spouses do not agree on other aspects of their separation, such as child and spousal support, custody, parenting time (often referred to as “access”) or property issues.  These other aspects of separation are called “corollary issues.” When corollary issues are in play, spouses often resolve these issues before requesting to obtain a simple divorce, and this is, generally, the best practice. Certain corollary claims, such as claims in relation to property, can be negatively affected if you finalize your divorce prior to resolving them. For this reason, a good divorce lawyer will always do an evaluation as to the presence of corollary issues before simply commencing a claim for a simple/uncontested divorce.

Processing Timelines Vary by Courthouse

An experienced family law lawyer will tell you that the processing times for divorce applications vary significantly depending on which courthouse you apply to and that Courthouse’s current workload.  For example, at the time of writing this blog, at the Barrie courthouse, a divorce lawyer typically estimates that a simple divorce application will take between 2 and 5 months to process.

However, as any honest divorce lawyer will explain, these timelines can fluctuate based on court delays, staff shortages, or high volumes of cases.  Some courthouses move more quickly than others, which is something your family law lawyer can advise you about based on local knowledge and experience.

Getting Started: The Paperwork

When you’re ready to begin, your divorce lawyer will help you determine which court to apply to.  This depends on where you live – something a family law lawyer can quickly clarify for your specific situation.  If you have questions about what Courthouse you need to apply to, you can access a list of all court locations here.

Next comes document gathering. You’ll need:

1. Your Marriage Certificate.
   1. if you no longer have your marriage certificate, you can apply online here to obtain it online from Service Ontario. 
2. Your Court documents, including your divorce application.
3. To pay Court fees.

In Ontario, there are three “filing fees” that must be paid.  At the time of writing of this blog they are:

• the Divorce Application fee of $224.00, 
• the Affidavit For Divorce fee of $445.00, and 
• the Certificate Of Divorce of $25.00.

This amounts to total fees of $694.00, at the time of writing this blog.

A good family law lawyer can guide you through completing these forms correctly the first time, preventing costly delays that often happen when people try to navigate the system without a divorce lawyer.

Important Considerations

Before rushing to file, remember that divorce involves more than just ending your marriage legally.  A divorce lawyer will advise you that there are several important issues you’ll need to address:

• Decision making responsibility and parenting time arrangements;
• Child and spousal support calculations;
• Spousal support considerations; and
• Property division.

You do not want to jeopardize your rights in relation to these critical issues by rushing ahead with a claim for a simple/uncontested divorce without first evaluating and addressing these issues.

If you haven’t resolved these matters, talk to a family law lawyer before proceeding.  An experienced divorce lawyer can ensure you’re taking the right steps at the right time.  You want to tackle this process in the proper sequence – especially when important financial and family matters are at stake.

Working with a knowledgeable family law lawyer can make all the difference in navigating this challenging life transition smoothly and protecting your interests for the future.​​​​​​​​​​​​​​​​

Perla Smith, Associate Lawyer