- There is no way around it unless you are proceeding on the less-common grounds of adultery or cruelty (which have their own complications — see our related article).
- An uncontested Ontario divorce (no dispute about whether the marriage should end) typically moves through these stages: Stage 1: Separation (12 months minimum) You separate and begin…
- A contested divorce — where the respondent disputes the divorce itself, or where there are major unresolved issues about property, support, or parenting — takes significantly longer.
One of the most common questions people ask when they begin thinking about ending their marriage is: how long will this take? The honest answer is that it varies — but not randomly. How long a divorce takes in Ontario depends on a predictable set of factors: the type of divorce, whether your spouse cooperates, whether there are unresolved issues, and the current processing times at the court you are in.
This article gives you realistic timelines at each stage of an Ontario divorce and explains what speeds things up or slows them down.
The One-Year Floor: Why You Cannot Divorce in Less Than a Year
No matter how co-operative both spouses are, a divorce granted on the most common ground — one-year separation — cannot be finalized until the separation period is complete. This is a statutory minimum written into Canada's Divorce Act. There is no way around it unless you are proceeding on the less-common grounds of adultery or cruelty (which have their own complications — see our related article).
The practical effect is that the one-year separation period is your longest mandatory wait. Everything else — filing, court processing, obtaining the order — happens within that window or shortly after.
Stage-by-Stage Breakdown: Uncontested Divorce
An uncontested Ontario divorce (no dispute about whether the marriage should end) typically moves through these stages:
Stage 1: Separation (12 months minimum)
You separate and begin counting the one-year clock. Many people use this time to negotiate a separation agreement, consult a lawyer, and prepare their documents.
Stage 2: Preparing and Filing the Application
Once you are close to or past the one-year mark, your lawyer prepares the divorce application and supporting documents (financial statements, if applicable; an affidavit of separation). Filing at the courthouse formally starts the court process.
Time: 1–4 weeks depending on your lawyer's workload and how quickly you provide information.
Stage 3: Service on the Respondent
If you filed a simple (sole) divorce application, the respondent must be personally served with the documents. The respondent then has 30 days (or 60 days if they are outside Canada) to file an Answer if they wish to dispute anything.
If you filed a joint application, there is no service requirement — skip this stage.
Time: 1–8 weeks, depending on how quickly service is arranged and whether any service complications arise.
Stage 4: Waiting for the Response Period to Expire
After service, you generally wait for the 30-day response period to pass without an Answer being filed (in an uncontested case). If an Answer is filed, the divorce becomes contested — see below.
Time: 30–60 days from service.
Stage 5: Requisition for Divorce Order
After the response period, your lawyer prepares and submits a "requisition" — a package of documents asking the court to review the file and grant the divorce without a hearing. A judge reviews the file and, if satisfied, signs the divorce order.
This is where court backlogs have the most impact. Processing times vary significantly by courthouse and by time of year, and have fluctuated considerably in recent years.
As of writing, processing times at Ontario courthouses for uncontested divorces have ranged from approximately 2 to 6 months — verify current wait times with your courthouse or lawyer.
Stage 6: Divorce Order and Certificate
Once the judge signs the divorce order, it takes effect 31 days later (to allow for an appeal). After the 31 days, either party can request the certificate of divorce — the document that proves you are legally divorced and that you will need to remarry.
Total typical timeline (uncontested): 12–18 months from date of separation to receiving the certificate of divorce, with much of that time being the mandatory one-year separation period. Court processing after filing typically adds another 3–8 months.
Contested Divorce: How Long Does It Take?
A contested divorce — where the respondent disputes the divorce itself, or where there are major unresolved issues about property, support, or parenting — takes significantly longer.
Contested family law matters in Ontario go through multiple court appearances: case conferences, settlement conferences, and potentially a trial. The typical contested family law case takes 2 to 4 years from start to finish, though this varies widely by courthouse, complexity, and how willing both parties are to negotiate.
The good news: most Ontario divorces do not go to trial. The majority settle at some point in the process, often at a settlement conference or during negotiations between lawyers. The earlier both parties engage in good-faith negotiation, the sooner the matter resolves.
What Slows a Divorce Down?
Understanding the common delay factors helps you avoid them:
- Service problems: If your spouse is difficult to locate or refuses to accept documents, you may need to seek an order for substituted service.
- Financial disclosure disputes: If either party refuses to disclose their finances honestly, court motions become necessary.
- Unresolved parenting or support issues: Courts generally want these resolved before or alongside the divorce, which can delay the order if they are still in dispute.
- Court backlogs: Processing times at Ontario Superior Court locations are not uniform and change over time. High-volume courts in the GTA have historically had longer waits.
- Missing or incorrect documents: Minor paperwork errors can result in your file being returned, adding weeks to the process.
Frequently asked questions
Can I speed up my Ontario divorce?
You can minimize delays by being organized (complete, accurate documents), filing as close to the one-year mark as possible, choosing a joint application if your spouse will cooperate, and resolving any outstanding issues before filing. Court processing times are largely outside your control.
When am I actually "divorced" — the order or the certificate?
You are legally divorced 31 days after the divorce order is signed by the judge, assuming no appeal is filed. The certificate of divorce is issued after that and is the document you need to remarry. Keep it in a safe place — you will need the original, not a photocopy, for many purposes.
My spouse has already moved on and wants to remarry quickly. Can we rush?
Both spouses must wait the 31-day appeal period after the divorce order regardless of their plans. There is no provision to waive this. What you can do is ensure the file moves efficiently through the court system by having everything in order from the start.
What if my spouse contests the divorce itself (not just the other issues)?
Contesting the divorce itself — arguing that the marriage should not be dissolved — is rare and difficult to succeed on if you have been separated for a year. Courts rarely deny a divorce where the separation ground is met. However, if this happens, you will likely need a court hearing.
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