When a marriage ends, many people want to move forward as quickly and efficiently as possible. One of the most common questions family lawyers hear is: “What is the fastest way to get divorced in Ontario?”
The answer depends on several factors, including whether both spouses agree on key issues and whether the divorce is contested. In general, the fastest and least expensive path is usually an uncontested simple divorce.
In this article, we explain the quickest ways to obtain a divorce in Ontario, what can slow the process down, and how you can avoid unnecessary delays.
What Is the Fastest Type of Divorce in Ontario?
The fastest option is typically a joint or simple uncontested divorce.
This usually means:
- At least spouse has decided that the marriage has ended;
- There are no disputes over parenting, support, or property or all issues have been settled;
- One or both spouses jointly file for divorce without any other claims;
- The required court documents are completed correctly; and
- If it is not a joint divorce application, the other spouse does not oppose the application;
When there are no major disputes, the court process is generally much smoother and faster.
Do You Need to Be Separated for One Year?
In most cases, yes.
Under Canadian law, the most common ground for divorce is living separate and apart for at least one year.
This one-year separation period does not necessarily mean living in different homes. Some spouses remain under the same roof while living separate lives.
The court will usually require proof that the marriage broke down and that the spouses lived separately for the required period before granting the divorce. In a simple or joint divorce, one or both spouses are required to file an Affidavit for Divorce to prove that the parties have been separated for at least one year.
How Long Does an Uncontested Divorce Take in Ontario?
Although timelines vary depending on court processing times, many uncontested divorces may be completed within several months after filing.
However, timing can depend on:
- Whether documents are filed correctly;
- Court backlogs;
- Proper service of documents;
- Whether additional information is requested; and
- Whether the divorce is contested.
Mistakes in paperwork or missing information can significantly delay the process.
Related post: “How Long Does a Divorce Take in Ontario?“
What Can Slow Down a Divorce?
Several issues may make a divorce take longer, including:
Disputes Over Children
Parenting arrangements, decision-making responsibility, and parenting time disputes can increase court involvement.
Financial Disagreements
Conflicts involving property division, equalization, child support, or spousal support often extend timelines.
Improper Paperwork
Incomplete or inaccurate court documents may be rejected or delayed.
Problems Serving Your Spouse
If your spouse cannot be located or avoids service, additional court steps may be required.
Contested Divorce Proceedings
If one spouse files formal objections or disputes issues, the process can become significantly longer and more expensive.
Can You Get Divorced Faster if Both Spouses Agree?
Yes. Cooperation between spouses often speeds up the process considerably.
When both parties agree on important issues and exchange financial information promptly, they may be able to resolve matters through:
- A separation agreement;
- Negotiation;
- Mediation; and
- Collaborative family law.
Resolving disputes outside of court is often far quicker than litigation.
What Is a Joint Divorce in Ontario?
A joint divorce occurs when both spouses apply for divorce together.
This can sometimes streamline the process because:
- Both spouses sign the documents;
- There is less likelihood of disputes;
- Service requirements may be simplified; and
- The court may process the application more efficiently;
Joint divorces are usually appropriate when spouses are cooperative and major issues have already been resolved.
Can You Get Divorced Without Attending Court?
In many uncontested divorces, spouses may never need to attend a courtroom in person.
If documents are properly prepared and no disputes arise, much of the process can often be completed through paperwork filed with the court. However, only the court can grant a divorce order.
However, contested matters involving parenting, support, or property disputes may require conferences, motions, or trial.
How Can I Speed Up the Divorce Process?
Some practical steps that may help avoid delays include:
- Completing paperwork accurately;
- Responding promptly to requests for information;
- Cooperating on financial disclosure;
- Resolving disputes early where possible;
- Using mediation or negotiation instead of litigation; and
- Hiring an experienced family lawyer.
Taking organized and proactive steps early in the process can often save substantial time and legal costs.
Should I Hire a Family Lawyer for a Fast Divorce?
While you are not legally required to hire a lawyer, legal guidance can help prevent errors that may delay the process.
A family lawyer can assist with:
- Preparing and filing court documents;
- Drafting separation agreements;
- Ensuring proper service;
- Addressing support and parenting issues;
- Avoiding procedural mistakes; and
- Moving the matter forward efficiently.
In many cases, obtaining legal advice early can actually help speed up the divorce process overall.
Final Thoughts
The fastest way to get divorced in Ontario is usually through an uncontested or joint divorce where both spouses cooperate and resolve issues early.
While every situation is different, avoiding unnecessary conflict, completing paperwork correctly, and obtaining legal guidance when needed can help reduce delays and move the process forward more efficiently.
If you are considering divorce, understanding your legal rights and options early can make the process smoother, faster, and less stressful.
Frequently Asked Questions
What is the quickest divorce available in Ontario?
A simple uncontested divorce or joint divorce is generally the fastest option.
Can I get divorced immediately in Ontario?
No. In most cases, spouses must live separate and apart for at least one year before the divorce is finalized.
Do both spouses have to agree for a fast divorce?
Agreement is not legally required, but cooperation usually makes the process faster and less expensive.
Can I file for divorce online in Ontario?
Certain forms and filings may be completed electronically depending on the court system and circumstances.
Speak With an Ontario Family Lawyer
If you are looking for the fastest and most efficient path to divorce, obtaining legal advice early can help you avoid delays and protect your interests throughout the process.
Our Ontario family law team assists clients with:
- Simple and uncontested divorces;
- Joint divorce applications;
- Separation agreements;
- Decision-making responsibility and parenting issues regarding minor children;
- Child and spousal support; and
- Property division and equalization.
We provide practical, strategic legal guidance designed to help clients move forward with clarity and confidence.
Contact our office today to schedule a 15-minute complimentary consultation and learn about your options for achieving a smoother and more efficient divorce process
