How Long Does a Divorce Take in Ontario? Timelines by Type

People often ask for a single number of months, but the honest answer is that it depends. Some parts of the process have fixed waiting periods set by law. Others depend on how much you and your spouse agree on and how busy the court is.

This article walks through the fixed periods, then compares joint, uncontested and contested divorces so you can plan realistically. A lawyer can give a better estimate once they know your facts.

The fixed waiting periods

Breakdown of the marriage is the only ground for divorce. It is shown if you have lived separate and apart for at least one year before the divorce is decided and were separate when the case started. Spouses are treated as having lived separate and apart for any period during which they lived apart and either spouse intended to live separately. 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.

There is a shortcut. Breakdown is also shown if the other spouse has committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable. In those cases the court must also be satisfied that the spouse bringing the proceeding has not condoned or connived at the adultery or cruelty, and living together again for 90 days or less, mainly to reconcile, is not condonation. Getting back together briefly does not necessarily reset the clock: periods of living together totalling no more than 90 days, mainly to reconcile, do not interrupt the year.

After judgment, a divorce takes effect on the 31st day after the day it is made. The court may set an earlier date if special circumstances justify it and the spouses agree and undertake that no appeal will be taken.

Joint and uncontested divorces

In a joint application both spouses apply together, and the divorce can be made only with the consent of both. Fewer steps are in dispute, so there are generally fewer stages. You still need to file a marriage certificate or explain why that is impractical, and the court needs a report on earlier divorce cases. The Form 36 affidavit must be filed too.

In a sole application, the respondent has 30 days after service to file an answer, or 60 days if served outside Canada and the United States. If no answer is filed and no extension is requested, the applicant can move toward an uncontested trial decided on the applicant's evidence alone. Delays often come from service problems. If a spouse cannot be served in the usual way, the court may order substituted service, and in rare cases where reasonable efforts to find the person have failed, may order that service is not required.

Contested divorces

When an answer is filed, a judge must hold at least one conference. Contested cases move through case conferences, settlement conferences, and trial scheduling and trial management conferences, and a trial or focused hearing may follow if issues remain. Each step depends on court availability, so no reliable figure can be given here.

What can speed things up or slow them down

• Agreement on children, support and property reduces the need for conferences and trial.
• Complete paperwork matters, since the court cannot grant the divorce until required documents are filed.
• Attending the Mandatory Information Program no later than 45 days after the case starts, where it applies.
• Reasonable child support arrangements must be in place before a divorce is granted.
• Using mediation or another family dispute resolution process where appropriate.

Filing online may help with convenience, but you cannot file online for an urgent hearing or if a court date or legislated deadline is three business days or less away.

After the judgment, and what to do next

Once the divorce takes effect, it dissolves the marriage throughout Canada, and a certificate is issued on request. In Ontario the clerk checks the record for appeals at either party's request and then issues a divorce certificate in Form 36B.

Some deadlines run separately from the divorce. A property equalization claim must generally be brought by the earliest of two years after a divorce judgment, six years after separation, or six months after the first spouse's death, although the court may extend the time if there are apparent grounds for relief, the delay was in good faith, and no one will suffer substantial prejudice. A divorce made after you sign a will generally revokes gifts to the former spouse unless the will shows a contrary intention.

• Record your separation date and any periods of living together again.
• Decide whether a joint or sole application suits your situation.
• Calendar the 30 or 60 day answer period if you are served.
• Note the equalization deadline early, and ask a lawyer promptly if it may already have passed.
• Review your will after the divorce takes effect.
• Ask a lawyer for a timeline based on your facts.

Frequently asked questions