How Long Does It Take to Get a Divorce?
A divorce is granted only:
- where two spouses have been separated from one another for at least one year; or
- where one spouse has established one of the other grounds for divorce (adultery or mental or physical cruelty).
The length of the actual divorce process however, varies based on the spouses’ circumstances.
If the spouses have already been separated for at least one year, an application for divorce that does not include other claims (such as custody or access, support or division of property) can usually be completed within four to six months. Once the clearance certificate has been received and the divorce judgment has been signed by a judge, the divorce takes effect in 31 days.
If the divorce application includes other claims, the time it takes to be processed will depend on how complicated the issues are and whether the parties can agree on all or some of the issues.
If the divorce application is grounded on a claim of adultery or cruelty, a court may grant the divorce immediately and waive the 31-day period.
Ontario courts are heavily burdened with family law cases, and unfortunately, lengthy delays are typical. Working with a lawyer to negotiate an agreement outside of court can expedite the divorce process.
For further information on how to keep the time and cost of your divorce down without compromising your needs and best interests, or for general assistance with your family law matters, please contact us to book a free consultation.