How Long Does Divorce Take in Canada?
When you’re going through a divorce, it feels like the process takes forever. However, in the vast majority of cases, divorces come to an end within a defined period of time. Read on to learn how long divorces usually take in Canada, and the factors that can lengthen the process.
The Basic Criteria for Divorce in Canada
Canada has a federal law governing divorce, known as The Divorce Act. One of the things the Divorce Act covers is the grounds for divorce in Canada.
The Divorce Act states that you and your spouse must be in a marriage recognized by the Canadian government, your marriage has broken down irrevocably, and you have been residents of the province in which you will be applying for divorce for a year.
Does It Matter Whose Fault It Was?
Under Canadian law, there is something called a “no-fault divorce.” No-fault divorce means that you don’t have to prove that your spouse did something wrong in order to legally end the marriage.
The One-Year Separation Period and the Exceptions
In many jurisdictions, including Canada, you have to live apart from your spouse for a year or more to apply for a no-fault divorce. What if your spouse has committed physical or psychological abuse? The year-long waiting period doesn’t apply. You also don’t have to wait a year if your spouse has committed adultery.
Related useful resource: Separation vs Divorce.
What If We Want to Work It Out?
Let’s say you and your spouse want to reconcile. The Divorce Law gives you 90 days (either before or after you apply for divorce) to try to work things out.
What if the reconciliation attempt doesn’t pan out? Don’t worry – the 90 days doesn’t count towards the year-long waiting period.
Can You Get an Automatic Divorce after a Long Separation?
Divorce in Canada is never automatically granted based on a long separation time. Spouses may be separated for an infinite number of years without being officially divorced.
What is a Separation Agreement?
A separation agreement is a legally binding document; a contract made between the spouses that sets out the terms of living apart. Separation agreements give control to spouses over property and debt division, child custody, spousal support etc. The court will likely incorporate the written and voluntarily signed decisions in the divorce judgment. Do you need help with creating a rock solid separation agreement?
The Timeline for Divorce Proceedings
Divorce is the legal process for ending a marriage. That means that you have to go through the court system in order to complete divorce proceedings. What it also means is that there are rules and regulations you must follow in order to get a divorce.
You’ll be required to complete forms and submit documentation if you’re applying to divorce your spouse. If you don’t submit the right forms or the proper documentation, the process will take longer.
Related: Your Divorce Checklist
One of the rules is that if you file an application in court (such as divorce), the person you’re filing the application against has to have time to respond. Divorce isn’t a one-sided process. Let’s say your husband cheated on you. That’s a serious allegation to make. In a democracy, you have the chance to defend yourself in a court of law.
The Ontario Attorney General’s website estimates that divorce proceedings can take approximately four to six months to complete, provided you and your soon-to-be-ex submit all documents in a timely fashion and there aren’t any other issues to be resolved.
Related: Getting a Quick Divorce in Ontario
How long do you have to wait to get remarried after a divorce in Canada?
In most cases you have to wait 31 days after the divorce has been granted. To get married again you need to prove that you have been legally separated from your ex.
What Makes a Divorce Process Take Longer?
Sometimes, divorce proceedings take longer than four to six months to conclude. That’s because the two parties can’t agree on issues such as property division, child custody and access, and spousal or child support.
The more you and your ex-spouse argue about those issues, the longer it will take to finalize the divorce. Not only will you still be legally married to your spouse, but you’ll spend a great deal of time and money ending the marriage.
Turn to a Trusted Divorce Lawyer for Legal Advice During Your Divorce
Do you want to ensure that your divorce proceedings don’t drag on? You need a divorce lawyer who puts your best interests first, and not his or her wallet. Divorce lawyers trained in mediation and dispute resolution techniques can help you and your ex-spouse reach an agreement that meets everyone’s needs.
Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.
You can click here to contact us, or fill out the form on the right free private phone consultation. Or call us at the phone number at the top of the page.