- Trial scheduling and trial management conferences come before any trial.
- A judge decides issues using the legal tests for each one, such as the child's best interests for parenting orders.
- A divorce takes effect on the 31st day after the day the judgment granting it is made.
Most people never expect to end up in a courtroom over their divorce. If your case is heading to trial, it helps to know the steps that lead there, what the court will look at, and what happens after the judge decides.
This article gives a general picture for Ontario. Trial length and waiting times vary by courthouse and by case, so a lawyer can tell you what to expect in yours.
How a case reaches trial
If an answer is filed, a judge must hold at least one conference, subject to exceptions. A case cannot be scheduled for trial unless a settlement conference has been held or a judge has ordered trial scheduling.
A case conference explores settlement and identifies the issues in dispute. A settlement conference aims to settle or narrow them. Trial scheduling and trial management conferences come before any trial. Narrowing the issues matters, because the trial then deals only with what the parties still cannot agree on.
Evidence and disclosure
Financial evidence is central in many trials. Anyone who claims support or property must serve and file a financial statement, on Form 13 or Form 13.1 depending on the claims. Financial statements must be sworn before a commissioner of oaths, and supporting financial documents must also be provided.
If a party fails to disclose, the court can order the documents served and must award costs. For failing to obey an order, the court can dismiss a claim or strike out a party's documents.
- Sworn financial statements and supporting documents.
- The marriage certificate (or marriage registration certificate), which the court needs before granting a divorce.
- A report from the Central Registry of Divorce Proceedings on any earlier divorce cases.
- Any other information the court needs on parenting, support or property.
How long does it take?
There is no single timeline. How long a case takes depends on the courthouse, the issues and how well the parties cooperate. The fixed periods in the process are the 30 or 60 days to answer, the 31 days before a divorce takes effect, and the 30-day appeal period. A lawyer can tell you what to expect locally.
How the judge decides
The judge applies a different test to each issue.
| Issue | What the judge looks at |
|---|---|
| The divorce | Breakdown of the marriage, usually shown by living separate and apart for at least one year. |
| Children | Only the child's best interests, with primary consideration to the child's safety, security and well-being. |
| Spousal support | Each spouse's condition, means, needs and circumstances; misconduct in relation to the marriage is not considered. |
| Property | The spouse with the smaller net family property is entitled to one-half of the difference. |
A court can award more or less than half of the difference if equalizing would be unconscionable. The court must also be satisfied that reasonable arrangements have been made to support any children of the marriage.
After the decision and what to do next
A divorce takes effect on the 31st day after the day the judgment granting it is made. No appeal may be brought more than 30 days after the order was made, although an appellate court can extend that time on special grounds. A pending appeal delays when the divorce takes effect. Once it takes effect, the clerk will issue a Certificate of Divorce (Form 36B) at either party's request, after checking that no appeal is pending.
- Organize your sworn financial statement and supporting documents early.
- Keep your disclosure up to date and correct any errors quickly.
- Ask a lawyer about the appeal period before you act on the result.
- Consider mediation or settlement before trial; settlement is possible at any stage.
- Update your will, since a divorce can change how it reads.
Frequently asked questions
Will I have to go to trial to get divorced?
Usually not. An uncontested divorce is decided on paper, and rule 36 does not require anyone to attend in person. Trial is a possibility mainly when an answer is filed and issues remain in dispute.
Can my case settle before trial?
Yes. A settlement conference aims to settle or narrow the disputed issues. A party can also withdraw a claim by serving a Notice of Withdrawal, and then generally pays other parties' costs to that date.
When is my divorce final after the judge decides?
The divorce takes effect on the 31st day after the judgment is made. A pending appeal delays that.
How do I prove I am divorced?
Request a Certificate of Divorce (Form 36B). It costs $25, and you need the court location, the court file number and the year the divorce was granted.
Sources
- Divorce Act, s. 8(1) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 11(1)(b) – Justice Laws — Justice Laws (federal)
- Divorce Act, s. 21(3) – Justice Laws — Justice Laws (federal)
- Family Law Rules, O. Reg. 114/99, r. 36(8) – e-Laws — Ontario e-Laws
- Ontario.ca – Get copies of family law documents from court — ontario.ca
- Ontario.ca – Documents for divorce applications — ontario.ca
- Ontario.ca – Steps to filing an application — ontario.ca
- Superior Court of Justice – The Steps in a Family Case — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.