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. You can obtain your certificate of divorce 30 days after the divorce order is granted.
While mandatory waiting periods are designed to preserve marriages by giving couples time to rethink divorce the time for answering gives the non filing spouse a certain amount of time usually 20 60 days to file an answer and or hire an attorney if he or she does not agree with the divorce and or the terms requested by the filing spouse in the divorce petition.
How long does it take to get divorce in canada. After this time has passed you can file for divorce. What makes divorce proceedings take longer. In canada one of the grounds for a divorce is the completion of a one year separation period.
Dividing property with a cohabitation or prenuptial agreement in place. However you are still legally married and at any time you can reconcile. Also due to the backlog in our court system it is not uncommon for a for fault divorce to take a year or more to be processed.
Exactly how long depends on where you live in the provinces of ontario and alberta for example it s three years but the amount of time varies across canada. When filing for divorce in canada many people have issues regarding child custody support property assets and the steps surrounding the divorce process. An application for divorce may be filed before or after you begin your separation period 30 days.
Only then will you be legally divorced and entitled to remarry. You may wish to use collaborative family law as a way of coming to a peaceful resolution to your marriage. During a separation spouses live apart with the intention of ending their marriage.
This means a couple could have successfully completed a one year separation a no fault divorce in less time without the added expenses and stress. If the only outstanding issue is a divorce and the parties proceed with what is referred to as an uncontested divorce application these on average take six months for the courts to process to completion. You may have signed a cohabitation or prenuptial agreement also called a marriage contract.
If you have a separation agreement this should be filed alongside the application for divorce because it outlines the parties agreement regarding some or all of the issues arising out of the marriage eg. It covers what you agreed to do with your property if you separate or divorce. If you apply for a divorce on the basis of a one year separation you can live together for up to 90 days either before or after you file the application to try to reconcile.
What many people don t realize is that when common law partners call it quits their assets might be divided and one party might have to pay spousal support. If things do not work out you can continue your action for divorce as if you had not spent the time together. Learn about the provincial and territorial laws about dividing property after separation or divorce.