The process of getting a divorce in Ontario can be complex and time-consuming. The timeline for getting a divorce in Ontario can vary depending on several factors, such as the complexity of the case, the willingness of the parties to cooperate, and the workload of the Superior court of justice. In this article, we will explore the average timeline for getting a divorce in Ontario and the factors that can affect it.
Filing for divorce in Ontario
The first step in getting a divorce in Ontario is to file an application for divorce with the court. This application can be filed by either party, and it must include information such as the date and location of the marriage, the names and ages of any children, and the grounds for the divorce. The court will charge a fee for filing the application, which can vary depending on the court location.
Service of the divorce application
After the application for divorce is filed, it must be served on the other party. This means that a copy of the application must be delivered to the other party in accordance with the rules of service. The other party will then have an opportunity to respond to the application and to raise any issues they may have.
Waiting period
In Ontario, there is a mandatory waiting period of one year from the date of separation before a divorce can be granted. This waiting period is intended to allow the parties time to resolve any issues related to the divorce, such as property division, child custody (Decision-making responsibility), and support. If the parties have already resolved these issues, they can file for a divorce before the waiting period has ended.
Negotiations and settlement
During the waiting period, the parties may negotiate and attempt to reach a settlement agreement. A settlement agreement can address issues such as property division, spousal support, child support, and child custody. If the parties are able to reach a settlement agreement, they can file it with the court and request that the divorce be granted based on the agreement.
If the parties are unable to reach a settlement agreement, they may need to attend court hearings to resolve any outstanding issues. This can add to the timeline for getting a divorce in Ontario.
Divorce trial
If the parties are unable to reach a settlement agreement, they may need to go to trial to have the court decide on any outstanding issues. This can add significantly to the timeline for getting a divorce in Ontario, as court schedules can be busy and court hearings can be time-consuming.
Divorce judgment
Once all issues related to the divorce have been resolved, either by settlement agreement or court decision, the court will grant the divorce. This is done by way of a divorce judgment, which is a legal document that dissolves the marriage. The divorce judgment may also address issues such as property division, spousal support, child support, and child custody.
Average timeline for getting a divorce in Ontario
The average timeline for getting a divorce in Ontario can vary depending on the complexity of the case and the cooperation of the parties. If the parties are able to reach a settlement agreement quickly, the divorce can be granted soon after the waiting period has ended. However, if the parties are unable to reach a settlement agreement and need to attend court hearings or a divorce trial, the process can take significantly longer.
