How Long Does an Ontario Divorce Take From Filing to Certificate?
There is no single answer, because timelines vary by courthouse, but the law sets a few fixed periods. A respondent served in Canada or the US has 30 days to serve and file an answer, and one served elsewhere has 60 days. Once a judge grants the divorce, it takes effect on the 31st day after the judgment is made, or earlier in special circumstances if both spouses agree and undertake not to appeal.
Other steps shape the timing. Breakdown is usually proved by living separate and apart for at least one year before the court decides the case. The court must also be satisfied that reasonable arrangements have been made to support any children of the marriage, and it delays the divorce if they have not.
A contested case takes longer, since a judge must hold at least one conference, with some exceptions, and a case cannot be scheduled for trial without a settlement conference or a judge's order. No appeal may be brought more than 30 days after the order was made unless an appellate court extends the time on special grounds, and a pending appeal delays when the divorce takes effect. After that, either party can request a Certificate of Divorce, which costs $25.
Key takeaways
- A respondent served in Canada or the US has 30 days to answer, and one served elsewhere has 60 days.
- A divorce takes effect on the 31st day after the judgment is made.
- A contested case takes longer because a judge must hold at least one conference before trial scheduling.
- The Certificate of Divorce costs $25, and the clerk issues it after checking that no appeal is pending.