How Long Does it Take to Get a Divorce in Toronto?
If you are filing for a divorce in Toronto, you may be wondering how long it will take. The time the process will take is dependent on the circumstances of your divorce and whether it contested or uncontested. While every divorce is different, uncontested divorces are usually finalized much quicker than ones that are contested.
What is the difference between an uncontested and a contested divorce?
In an uncontested divorce, a couple agrees to a divorce as well as all the terms of the divorce. They, therefore, do not need to submit any disputes to the courts. In a contested divorce the couple does not agree on some or all the important matters. These matters may include child custody and parenting, child support, spousal support, division of property, and sharing the debt.
In Ontario, uncontested divorces typically take between four and six months to be finalized. On the other hand, a contested divorce can last anywhere from six to 36 months, or even longer.
How to file for an uncontested divorce
After filing for an uncontested divorce, you must wait for a clearance certificate to be issued by the Central Registry of Divorce in Ottawa. It normally takes a month or two to receive the clearance certificate. At times, though, there can be delays if other people with similar names are applying for a divorce or if the name on the divorce application differs from the name on the marriage certificate.
You will then need to make a Service of Document Application which, barring any delays, will take between one and three weeks for a process server to present your spouse with the required documents and file an affidavit that the other party has been served.
If your spouse is within Canada, they will have 30 days to respond, and 60 days if they were outside of the country when they were served. So, in all, you must allow at least three months before the matter is ready to be sent to a judge for the divorce hearing in which a divorce order will be issued for processing. Once a divorce order is given, you should receive a divorce order after 30 days and then the divorce is final.
How to file for a contested divorce
Since contested divorces involve sensitive matters, the process is far more complex. Couples filing for a contested divorce must first come to an agreement on the issues at hand before they can move on with the process. Mediation and arbitration are common alternative dispute resolution methods that often prove helpful in contested divorces. If alternative dispute resolution methods do not work and the couple still cannot agree, they will then need to go to trial.
Do you need a lawyer when filing for divorce?
With a contested divorce, you need a competent divorce lawyer who understands the complexities of family law and will ensure your right are protected throughout the entire process. Your divorce lawyer will also help you finalize your divorce as quickly and with as little disruption to your life a possible.
Even if you are filing for a divorce that is uncontested, you should still consult a divorce lawyer. Doing so will ensure you do not agree to any terms that aren’t in your best interest while trying to resolve the matter quickly.
Are you searching for a Toronto divorce lawyer?
If you are searching for a divorce lawyer in Toronto, contact us at Baker and Baker Family Law. At Baker and Baker Family Law, we have a team of highly trained divorce lawyers with over 90 years of combined experience.
We are ready and waiting to guide you through your divorce with legal solutions that are aimed at saving time, money and inconvenience.
Do not hesitate to contact us. The initial consultation with one of our Toronto divorce lawyers is free, and we will discuss your situation and give you our opinions on your case.