The length of time it takes to get a divorce or separation in Toronto can vary depending on several factors. In Ontario, a divorce cannot be granted until the parties have been separated for a minimum of one year. However, even after the one-year separation period has passed, the process of obtaining a divorce can take several months or even years. In this article, we will discuss how long it takes to get a divorce in Toronto and the factors that can affect the timeline.
One-Year Separation Period
As per Divorce Act, in Ontario, a divorce cannot be granted until the parties have been separated for a minimum of one year. This means that the parties must live separate and apart for a full year before a divorce order can be obtained.
It is important to note that the one-year separation period is not a waiting period, but rather a grounding requirement that must be met before a divorce can be granted. During the separation period, the parties can begin negotiating the terms of the divorce, including issues such as property division, child custody (also know as decision-making responsibility) and support, and spousal support.
Uncontested vs. Contested Divorce
The length of time it takes to get a divorce in Toronto can depend on whether the divorce is uncontested or contested. An uncontested divorce is one in which both parties agree to the terms of the divorce, including issues such as property division, child custody and support, and spousal support.
An uncontested divorce can typically be obtained more quickly than a contested divorce. A contested divorce is one in which the parties are not able to agree on the terms of the divorce, and the case must go to court. Contested divorces can take longer to resolve, as the court will need to hear evidence and make decisions on the issues in dispute.
The parties’ legal representation can also affect the timeline for obtaining a divorce in Toronto as per the Family Law Act. If both parties have legal representation and are able to negotiate the terms of the divorce outside of court, the process can be faster than if the parties are representing themselves or if the case goes to court. TCZ Law can provide guidance and support throughout the divorce process and can help the parties negotiate a settlement that is fair and equitable.
The availability of the Superior Court of Justice court can also affect the timeline for obtaining a divorce in Toronto. Court schedules can be busy, especially in larger cities such as Toronto. This can cause delays in obtaining a divorce order. The parties may need to wait several weeks or months for a court date, depending on the availability of the court.
Complexity of Issues
The complexity of the issues in the divorce can also affect the timeline. If the parties have complex financial or property issues to resolve, or if there are disputes over child custody and support, the process can take longer. These issues may require additional time for negotiation and may require the assistance of experts such as accountants or child psychologists.
Mediation or Arbitration
If the parties choose to use mediation or arbitration to resolve their disputes, the process can be faster than going to court. Mediation and arbitration are alternative dispute resolution methods that can help parties resolve their issues outside of court.
Mediation involves a neutral third party who helps the parties negotiate a settlement, while arbitration involves a neutral third party who makes a binding decision on the issues in dispute. Mediation and arbitration can be less formal and less expensive than going to court, and can often be completed more quickly.
Backlogs and Delays
In some cases, backlogs and delays in the court system can cause the divorce process to take longer than expected. This can be due to a variety of factors, including court staffing levels, funding, and other issues beyond the parties’ control. It is important for the parties to be patient and to work with their legal representatives to navigate any delays or challenges that may arise in the divorce process.
In conclusion, the length of time it takes to get a divorce in Toronto can vary depending on several factors, including the one-year separation period, whether the divorce is uncontested or contested, legal representation, court scheduling, complexity of issues, mediation or arbitration, and backlogs and delays in the court system. If you are considering a divorce, TCZ Law can help you throughout all the process and TCZ Lawyer Eric Tianchuan Zhao can represent you in all your court needs. Contact us today to get started or book a consultation with us.