How long is the divorce process in Canada?

That divorce process can take time. Even if you have the most straightforward divorce with no complications, there is still a legal process that must be followed through every step until its conclusion. The office of the Ontario Attorney General says that the average divorce in the province takes between 4-6 months, provided you use the correct divorce forms, they are completed correctly and are filed in the right place and on time. If there are complications or if your spouse contests parts of your divorce, it can drag on for even longer. Before you enter this process, especially if you are considering a DIY divorce without a lawyer’s help,  consider the following facts.

What factors determine how long a divorce takes?

The main reason why a divorce could go on for 6 months or more is that the spouses struggle to come to an agreement on parenting, support or property division. Simply put, the divorce will drag on for as long as it takes for an agreement to be reached. Not only would you be extending the marriage you are trying to end, but you will also be spending more than is necessary on the divorce process.   

Even when an agreement can be hammered out with relative ease, divorce takes time. The courts generally do not grant the final divorce decree until all of the issues have been resolved, especially issues pertaining to the children such as parenting and child support. Aside from the terms of the settlement, the court also needs to ensure that your divorce application satisfies all the statutory requirements and that all the divorce forms are in order. Then, once the court has granted the divorce, it takes another 30 days before it becomes effective.

Is there an advantage to filing for divorce first?

As far as the family laws are concerned, this is not really a factor in determining the outcome of the divorce, parenting, support or property division. However, there are some advantages to being the first to file, especially in a contested or acrimonious divorce. Filing first means that you can decide on when the case begins, what information is first reviewed by the judge and selecting the court dates.

It should be noted that there are also some disadvantages to filing first. Since you need to lay out all your demands and requirements in the divorce papers, your spouse will see these as soon as they are served. Your spouse will know precisely what you want from the start and have time to prepare a response.

Now that you know some of the key facts about the divorce process, let SplitEasy provide you with the most affordable divorce in Ontario.