How Long Does a Divorce Take in Ontario? The One-Year Rule

People often ask for a single number of months. The law does not give one. It sets a handful of time points, and your timeline depends on how quickly you reach each of them and whether the other spouse cooperates.

This article walks through those points in the order they usually arise: separation, residence, filing and service, the answer deadline, what the court needs before granting the divorce, and the wait after the judgment. It does not estimate total court processing time, which varies.

The one-year separation rule

The only ground for divorce under the federal Divorce Act is breakdown of the marriage. The usual way to show it is that you and your spouse have lived separate and apart for at least one year before the divorce is decided, and were already living separate and apart when the case started.

Spouses are treated as separated for any period when they lived apart and either one of them intended to live separately. So the separation does not need to be a joint decision.

• If you get back together for one or more periods totalling no more than 90 days, mainly to try to reconcile, the one-year period is not treated as interrupted.
• Some couples separate but keep living in the same house, and a lawyer can explain what courts may consider when deciding whether spouses are separated.

Adultery or cruelty: no one-year wait, but extra checks

Breakdown of the marriage is also shown if the spouse the case is brought against has committed adultery since the marriage, or has treated the other spouse with physical or mental cruelty that makes continued living together intolerable.

That avoids the one-year wait, but the court must also be satisfied that the spouse bringing the case has not condoned or connived at the adultery or cruelty. Living together again for 90 days or less, mainly to reconcile, is not condonation. The one-year separation route described above does not depend on proving adultery or cruelty.

Residence, filing and service

An Ontario court can hear a divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the case starts. Only one spouse needs to meet this.

Either spouse can start the case by application, naming the other as respondent, or both can file a joint application with no respondent. A joint application needs both spouses' consent for the divorce and any other order. A simple divorce application is for divorce only, so it cannot include support or property claims.

An application must be specially served, and not by the party who has to serve it. Special service includes leaving a copy with the person, or mail with a signed Form 6 acknowledgment postcard. Documents are served before they are filed, and proof of service is then filed.

Simple and joint applications can be filed online with an Ontario.ca login. You cannot file online to request an urgent hearing, or if a court date or legislated deadline is three business days or less away. In the Toronto region, online filings go through the Ontario Courts Public Portal.

The answer deadline and what happens if there is none

If the respondent does not answer by the deadline and has not asked for more time, the applicant can take steps toward an uncontested trial, decided on the applicant's evidence alone.

If an answer is filed, the case is contested, and a judge must hold at least one conference. Contested cases can add case, settlement and trial management conferences, and possibly a trial. A joint application, by contrast, has no respondent and needs both spouses' consent.

If your spouse cannot be served in the usual way, the court may order substituted service. If reasonable efforts to find them have failed and no substitute method is likely to work, the court may order that service is not required.

What the court needs, and the wait after judgment

The court cannot grant the divorce until a marriage certificate or marriage registration certificate is filed, unless the application explains why that is impractical. It also needs the report on earlier divorce cases under the Central Registry of Divorce Proceedings Regulations. An affidavit in Form 36 must also be filed. Checking that you have each of these documents before you file is a sensible practical step.

Before granting a divorce, the court must be satisfied that there is no collusion and that reasonable arrangements have been made for the support of any children of the marriage.

A divorce takes effect on the 31st day after the day the judgment is made. The court may order an earlier date only if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned. Once it takes effect, the clerk checks the record for appeals at either party's request and, if satisfied, issues the divorce certificate in Form 36B.

What to do next

• Write down the date you and your spouse began living separate and apart, and any periods of living together again.
• Confirm that at least one of you has lived in Ontario for a year.
• Gather your marriage certificate or marriage registration certificate.
• Decide whether a joint or simple application is realistic for your situation.
• Arrange special service by someone other than you, and keep the proof.
• Make sure child support arrangements are in place if you have children.

Property, support and parenting questions can affect how smooth the process is. A lawyer can confirm which route fits your facts.

Frequently asked questions