How Long Does a Divorce Take in Saskatchewan? Timeline Guide

Most people who are ready to divorce want a straight answer about timing. The honest answer is that some parts of the process have fixed time periods in the law, and other parts depend on your case.

This article walks through the fixed periods, the steps that take variable time, and the difference between a divorce you and your spouse agree on and one that is disputed.

This article covers the law of Saskatchewan.

The fixed periods in the law

The only ground for divorce is breakdown of the marriage. It is usually shown by living separate and apart for at least one year immediately before the divorce is determined, with the spouses living apart when the proceeding began.

That year must be complete when the divorce is determined, not before filing, so a petition can be filed before the full year has run if the year will be complete before judgment. The exception is adultery or physical or mental cruelty by the other spouse that makes continued cohabitation intolerable, which allows a divorce without waiting for the year.

After judgment, a divorce takes effect on the 31st day after the day the judgment is rendered. A court can order an earlier date in special circumstances if the spouses agree not to appeal.

How the year of separation is counted

• Spouses are treated as living apart for any period when they lived apart and one of them intended to live separate.
• Spouses can be separate and apart while living under the same roof if one intends to live separately.
• A period of resumed cohabitation of up to 90 days, made mainly to reconcile, does not interrupt or end the separation period.

Steps that take variable time

No official source we can point to gives a reliable length for a Saskatchewan divorce, so be wary of anyone who promises one. These steps affect your timing:

• Preparing and issuing the Petition, which the form says is to be served within 6 months after it is issued unless ordered otherwise.
• Serving your spouse, and proving it with an acknowledgment or an affidavit of service in KB Form 12-15 if there is no acknowledgment.
• Trying a family dispute resolution process. Since July 1, 2022, family matters coming to court in Saskatchewan must attempt this by the close of pleadings before continuing.
• Parenting courses for parents who have not fully agreed on parenting.
• Choosing where to file. For a new action an applicant may generally file at any judicial centre, and Family Law Division judges sit in Regina, Saskatoon and Prince Albert.

A person can apply to the court for an exemption from the dispute resolution requirement where there has been interpersonal violence, a child has been abducted by the other parent, or there is other urgency.

Uncontested versus contested

Agreements about separation, support, property or parenting are not collusion, so settling those issues does not stop the court from granting the divorce. The court must still be satisfied there is no collusion and no possibility of reconciliation, unless that would clearly be inappropriate.

What to do next

• Work out the date your separation began and when the one-year mark falls.
• Decide with your spouse, if you can, which issues you agree on.
• Request the Self-Help Divorce Kit from the Family Law Information Centre at 306-787-5837 or 1-888-218-2822 if your divorce is uncontested.
• Ask a lawyer about the timing of filing, service and dispute resolution for your situation.

Frequently asked questions