Divorce can be emotional and legal complexity; both of which contribute to how long the separation takes to finalize. For those considering this major life transition, understanding the expected timeline is essential.
In this article we answer the question, “how long does divorce take in Ontario?” and explain how working with an experienced divorce lawyer can help throughout the process.
Understanding the Divorce Process in Ontario
In Ontario, the divorce process is governed by the federal Divorce Act and unfolds in different ways, impacting the time it takes to reach a resolution. There are two primary types of divorce: contested and uncontested.
In a contested divorce, disagreements between parties usually lead to extended legal proceedings and court intervention. An uncontested divorce, on the other hand, involves both parties agreeing on key terms, which typically speeds things up.
An important aspect of the divorce process in Ontario is the one-year separation period as described in the Divorce Act (except in cases of proven adultery or cruelty). This requirement stipulates that spouses must live separate and apart for at least one full year before they obtain their divorce.This period serves to establish the genuine nature of the separation. A common misunderstanding is that people can’t do anything for that 1 year period, however this is untrue. In our experience, couples spend that entire year negotiating and finalizing the aspects of their separation, and the divorce is the cherry on top at the end of the year.
Throughout divorce proceedings, the expertise of a skilled divorce lawyer is invaluable in navigating the complexities of family law, including tax consequences of support and property division, and proactive and informed parenting terms, are handled correctly.
Uncontested Divorce Duration
An uncontested divorce, marked by mutual agreement on divorce terms, can often be finalized on average 6 months from start to finish following the one-year separation period. This more amicable process is free from the rigors of court battles. Its duration nevertheless depends on several factors: the promptness in reaching a separation agreement, the efficiency of legal services, and the cooperation of both parties.
Contested Divorce Duration
Contested divorces, entangled in disputes over crucial issues like spousal support, child custody, child support or property division, take longer. These divorces can stretch anywhere from a few months to several years after the initial separation period, depending on the complexity of the case and court schedules.
Some divorces require multiple court appearances, making the legal representation not just a choice but a necessity for navigating their turbulent waters. With their longer durations, contested divorces also come with higher legal fees and court fees.
The Role of Family Law Firms in Streamlining Divorce
Family law firms play a pivotal role in making the divorce process as efficient as possible. At Alves Law, our veteran divorce lawyers have extensive experience in mediating contentious issues and drafting separation agreements, which can simplify your divorce process.
We make sure each step, from the initial divorce application to the final divorce order, is handled with the attention needed to tailor our approach to the unique circumstances of your case.
Alves Law – Let Us Support You With Your Divorce
The duration of a divorce in Ontario hinges on various factors, including the type of divorce and the quality of legal representation. Whether it’s an uncontested or contested divorce, having a knowledgeable divorce lawyer in your corner can substantially influence the length and complexity of the process.
Reach out to Alves Law for expert divorce guidance. Our team is well-versed in handling both uncontested and contested divorces, and will work to make your process as smooth and stress-free as possible. Schedule a consultation with us today.
