How Long Does It Take to Get a Divorce in Ontario?

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(Newswire.net — August 1, 2021) –The need for one of the spouses in a marriage to file for divorce rarely catches people by surprise. In most cases, such a responsible and difficult step for family relationships is carefully considered and suffered, time-tested and balanced. 

Indeed, for many couples in Ontario, getting a divorce, regardless of the legal method, becomes the only possible way out of a marriage that cannot be saved due to some circumstances.

Despite such objective actions, for the spouse initiating the divorce case, legally acting as a petitioner, this nevertheless means enormous stress and the need to make difficult, ambiguous, and quick decisions. 

Divorces in Canada are Becoming Widespread More and More

Despite the multiple social and educational campaigns in the country focused on strengthening the institution of marriage and promoting family values, the trend associated with divorces in Canada is not so positive. 

According to official statistics, the divorce rate in Canada as a whole in 2020 was about 38 percent. Although this is slightly better than, for example, the neighboring United States, it is still alarmingly high.

But at the same time, such trends demonstrate the transformation of marriage dissolutions in the country into more than a mass phenomenon. Still, thanks to more client-oriented legal policies implemented over the past decades, many tools and options have appeared to make the independent management of divorce proceedings for people more convenient, transparent, and accessible. 

Why Unhappy Couples in Ontario May Postpone Their Divorces?

It is not surprising that many couples filing for divorce in Ontario do not immediately dare to initiate and prepare for the procedure due to a large number of constraints. Each divorce case is individual and related to certain circumstances. 

Thus, preparing for a divorce and the associated negotiations are constantly postponed while the relationship within the couple is increasingly destroyed and eventually becomes unbearable, making any further communication almost impossible. 

Among the main reasons for postponing the start of the process is the financial component. The spouses find the legal procedures too expensive, and the preparation is too complicated, including waiting periods and prolonged cooperation with lawyers and the court. 

However, there are options that significantly optimize the process, saving money on divorce and making all steps, from filing to the final court resolution, much faster. So, let’s figure this out further!

How Long Does An Ontario Divorce Process Usually Take, and How Can You Speed It Up?

Indeed, the entire divorce process in Canada and Ontario “from idea to result” can drag on for quite a long time. Typically, it takes several months or more. But there is an official legitimate format in which you can manage the process as quickly as the family and divorce laws in Canada allow.

The most inexpensive, affordable, convenient, and fast way of getting a divorce in Ontario is for the parties to file a joint petition, that is, to qualify a divorce case as uncontested. The time it takes for the court to process the divorce application varies based on the caseload and the specific court where the application is filed. 

In most cases, parties filing joint or uncontested divorce will have their divorce granted in about 60 to 90 business days. But in some courts, it can be prolonged for several months. The divorce is considered completed after 31 days from the date of being granted.

Once the divorce is final and the 31 days have passed, the individual can apply to the court for a divorce certificate. This cannot be applied for in advance, and it is required if the individual decides to get married again. These certificates can be applied for at any time and are not necessary unless there are specific reasons.

Uncontested Ontario Divorce: Why Make Your Case This Way?

One of the main advantages of uncontested divorce in Canada and Ontario has already been mentioned above. It’s much faster than traditional divorce formats. Additionally, this format allows spouses in some cases to do without an attorney, thus managing the case as a do-it-yourself divorce, avoiding intermediaries, consultations, and assistance, thereby saving much of the costs. 

However, there are certain requirements for qualifying a case in an uncontested form. The primary requirement is the achievement of a mutual pre-divorce agreement between the petitioner and the respondent. Such an agreement can be settled through personal negotiations between the parties or with the participation of a third party but must include mutual approval on the main points.

Most often, such agreements relate to the division and distribution of joint property, real estate and assets, further care of any children and children’s custody, payment of alimony or other financial obligations, and so on. In general, the agreement may contain any clauses that could prevent any legal disagreement, litigation, or mutual claims in the future.

An additional advantage of filing for an uncontested divorce in Canada and Ontario is the option of using special online divorce services like ontarioonlinedivorce.com. Such web divorce sites help the user prepare a full set of divorce documents for subsequent submission to the court for a small fixed fee. All paperwork is generated within two business days, and ready-made divorce papers are provided to the user based on the completed questionnaire regarding their marriage and dissolution.