How Long Does Divorce Take in Ontario? A Practical Guide to Timelines
How long does it take to obtain a divorce in Ontario? Unfortunately, there is no definitive timeline for obtaining a divorce in Ontario. Some couples can move from separation to divorce within several months; others find themselves in a process that lasts a year or more.
Understanding the rules, the typical stages, and the factors that can speed things up or slow them down can make the experience feel less chaotic. It can also help you decide when to speak with a lawyer and how to approach your separation in a way that avoids unnecessary delays.
If you would like an overview of how Unified LLP approaches separation, divorce, parenting, support, and property in general, you can also review the main Family Lawyer Toronto page.
Separation and Divorce: Two Different Concepts
In Ontario, the terms “separation” and “divorce” are related but different. Separation happens when at least one spouse ends the relationship, and the spouses start living separately and apart. You do not need a court order or agreement to be separated, and you can be separated even if you remain living in the same home.
Divorce is the court process that legally ends a marriage under the Divorce Act. In Canada, divorce is no-fault. Most divorces in Ontario are on the grounds of being separated for one year. There are other grounds to obtain a divorce, such as adultery or cruelty, but they are less common and can take longer.
This means that, for most people, the absolute fastest way to obtain a divorce involves at least one full year of separation, plus the time it takes for the court to process your application for a divorce.
The One-Year Separation Period – How It Affects Timing
In Ontario, most people obtain a divorce on the grounds of being separated for at least one year. During this year, you can negotiate settlement terms with your spouse outside of court to obtain a separation agreement. You can also start court proceedings to resolve parenting, support and property issues before you are separated for one year. However, the court will generally not issue a divorce order until that one-year period has passed.
It is also important to understand that “separated” does not always mean “living in different homes.” Some couples remain in the same house but live separately and apart, for financial or parenting reasons. In those cases, there can be disagreement about when the separation truly began. This is one reason why it is helpful to speak with a lawyer early, even if you are still living in the same home.
How Long Does an Uncontested Divorce Usually Take?
If you and your spouse agree on the key issues, there are no major disputes about children, support, or property, and you have a separation agreement, you may be able to pursue an “uncontested” or simple divorce. In those cases, the court is essentially being asked to recognize that the marriage has broken down and that there are no contested claims that require a trial.
Subject to court backlogs and how quickly paperwork is prepared and filed, an uncontested divorce can often be completed within several months after the one-year separation period has passed. The sequence typically involves serving the other spouse with the application for divorce, waiting out response deadlines, and then having the court review the file and issue a divorce order.
A divorce lawyer in Toronto can help ensure the forms are completed properly, that service is done correctly, and ensure the documents are properly filed with the court, which can reduce delays.
Contested Divorce and Disputed Issues – Why It Can Take Longer
When there are disputes about parenting time, decision-making responsibility, child support, spousal support, or the division of property, the divorce process often takes longer. It is not unusual for contested family law proceedings to last more than a year, especially in complex cases or those with high levels of conflict.
Much of the timing is driven by how long it takes to resolve the underlying issues, rather than the divorce order itself. For example, the court is unlikely to grant a divorce order if there are unresolved questions about where the children will live, parenting time, and child support. Court schedules, providing and exchanging financial disclosure, and negotiations can all add time.
In some cases, you can obtain a divorce order while there are outstanding issues, but it is important to get advice about whether that is appropriate in your specific situation. A lawyer can walk you through the pros and cons so you understand how the timing of your divorce connects to the timing of your parenting, support, and property arrangements.
Factors That Influence How Long Divorce Takes in Ontario
There are several common factors that affect the overall timeline of a divorce:
The level of conflict between spouses has a significant impact. Couples who are willing to exchange financial information, agree on major issues, and keep communication respectful can usually move more quickly than those who are not speaking or who are fighting over every decision.
The complexity of your situation also matters. Cases with businesses, professional practices, multiple properties, significant debt, or pensions that need to be valued often take longer than simpler financial situations. The process of obtaining and reviewing full financial disclosure, and sometimes involving experts, adds time but is critical to achieving a fair result.
Local court backlogs and scheduling can also play a role. Even when both parties and their lawyers are moving quickly, hearing dates and conferences are limited by the court’s availability.
Finally, the process you choose, negotiation, collaborative family law, mediation, arbitration, or litigation, will influence timing. Court of court family dispute resolution processes can often be scheduled more flexibly than court dates, which are controlled by the court’s calendar.
Can Mediation or Negotiation Make Divorce Faster?
Mediation and out of court negotiation can help many couples resolve key issues more efficiently than court. If both spouses are willing to sit down and work through parenting, support, and property issues, a neutral mediator can help keep the discussions focused and productive.
Unified LLP’s experienced mediation lawyers work with their clients to identify the key issues, and propose possible solutions. Once an agreement is reached, it can be turned into a formal separation agreement or incorporated into court orders, which may pave the way for an uncontested divorce application.
Even if mediation is not appropriate, for example, where there are family violence concerns or serious power imbalances, your lawyer may still be able to negotiate particular issues and narrow the matters that require a judge’s decision.
How Support, Property and Parenting Issues Affect Timing
Support, property, and parenting issues are not just legal questions; they also affect how quickly your divorce can be wrapped up.
If you have children, courts will expect to see reasonable arrangements in place for parenting time and child support. Questions about child support can be particularly important in shared parenting situations or where one parent is self-employed or has income outside Canada. Unified LLP regularly assists clients withchild support Toronto issues and directs many clients to its general support resources for background information.
Property and equalization questions also affect timing. The division of assets and property often requires a detailed look at what each spouse owns and owes, the matrimonial home, and whether there are business or pension interests to be valued. Spousal support may also be a concern, which is why many people find it helpful to work with a spousal support lawyer Toronto.
The more quickly you and your spouse can exchange full financial disclosure, identify the main areas of agreement and disagreement, and stay focused on practical solutions, the more control you will have over the timing of your divorce.
Practical Ways to Avoid Unnecessary Delay
You cannot control everything about the timing of a divorce, but there are steps you can take to avoid delays that are within your power. Being organized about your financial information, including tax returns, pay stubs, bank and investment statements, and mortgage documents, can make it much easier for your lawyer to move things forward.
It is also helpful to be clear about your priorities. Very few people get everything they want in a separation. Knowing which issues you are prepared to compromise on, and which ones require a firmer stance, can make negotiations more efficient.
Finally, taking care of yourself emotionally can make a real difference. Legal decisions made in the heat of the moment often lead to second thoughts and attempts to revisit agreements later, which adds time and cost. Having support from friends, family, a counsellor, or other professionals can make it easier to approach legal discussions with a clearer head.
When to Talk to a Divorce Lawyer in Ontario
If you are asking how long divorce takes in Ontario, you are probably already thinking some distance down the road. It is never too early to get information. Speaking with a family lawyer does not commit you to separation or divorce; it simply gives you a clearer picture of your rights, options, and possible timelines.
Whether you are at the very beginning of a separation, in the middle of a complex case, or trying to understand how long it might take to move from where you are now to a divorce order, a divorce lawyer in Toronto can help you understand what is realistic for your situation. You can read more about Unified LLP’s approach on the Family Lawyer Toronto page, learn about the lawyers on the family law team, or book a consultation online at a time that works for you.
