I Want to Get Divorced as Quickly as Possible
When you have decided to get a divorce, the last thing you want is for it to become a long, drawn-out process. Getting divorced is difficult and upsetting. The faster it gets done, the faster you can start rebuilding your life.
Fortunately, in Canada, getting a divorce does not have to be a lengthy or complicated affair. In Ontario, most divorces are granted within six months of case initiation. Four months as the median length of time.
It is easy to learn how to get a quick divorce. In general, the more you and your spouse are able to cooperate, the faster the process will be. Once you understand how divorce works, you will be able to make your divorce go as quickly as possible.
Related: How Long Does Divorce take in Canada
Grounds for Divorce Impact the Process Timeline
In Canada there is only one ground, or legal reason, for divorce. That ground is marriage breakdown. In order to get a divorce, you have to show that your marriage has broken down. You can show that your marriage has broken down based on:
• A one-year separation
• Your spouse’s cruelty
• Your spouse’s adultery
If you ask for a divorce based on your spouse’s cruelty or adultery, you will have to prove the wrongful behaviour.
Canada has “no-fault” divorce. Courts usually will not take cruelty or adultery into account when making decisions about property division or support. When it comes to children, courts will take this into consideration only if it affects the spouse’s ability to parent.
In most cases the only advantage to asking for a divorce on the basis of cruelty or adultery is that you will not have to wait for a year to become eligible for the order. However, for obvious reasons, divorces requested on these bases tend to be long and difficult. A judge may even grant a divorce based on one year’s separation instead if a court action drags on that long before the matter comes to court.
Because divorces with the basis of cruelty or adultery can be complicated, it is best to seek legal advice from a trusted family lawyer.
Related: Am I Automatically Divorced After a Long Separation?
Uncontested Divorce
Generally speaking, your divorce will go most quickly if you and your spouse come to an agreement. The family law matters attendant upon divorce are:
• Property division
• Child custody and access
• Child support
• Spousal support
In Ontario the types of divorce application are simple, general and joint. A simple divorce application is where you are requesting a divorce only, not making other family matter claims. You and your spouse can also jointly apply for divorce, in which case no one has to serve the other party. If you as the sole applicant are making other claims, you use a general application. If you and your spouse agree on all of your family matters, you can make a joint application for divorce with other claims.
When you and your spouse agree, your divorce is referred to as “uncontested.” They are usually the quickest and least expensive, and obviously, the most desirable kind of divorce.
You can apply for a divorce alone, if you have children. But courts will not grant a divorce until you show that you have made adequate child support arrangements.
Getting There
If your divorce is uncontested you can obtain it without ever having to go to court. This state of affairs is known as a “desk divorce.”
Uncontested divorces and desk divorces are available only to divorcing couples that agree on all matters. Reaching agreement may take work.
An experienced divorce lawyer can help you formalize the terms you’ve agreed to.
Legal Consultation
Just because you and your spouse are not in perfect accord about your family matters, does not mean that you cannot get a quick divorce. Consult a divorce lawyer for help with achieving a fast and smooth divorce.
Each individual Toronto family lawyer at Fine & Associates will be able to assist you, no matter how big the problem may be. Divorce lawyers come in all shapes and sizes, so choose one that fits your needs.
Schedule a free consultation as soon as possible, to get a quick divorce.
Useful resources about alternative dispute resolution:
- What Happens During Divorce Mediation?
- Divorce Arbitration Process
- Mediation vs Arbitration
- Collaborative Law