One of the first questions people ask when considering divorce is: “How long will this take?” The honest answer is: it depends. In Ontario, the length of a divorce can range from a few months to several years, depending on the type of divorce, the issues to be resolved and whether those issues are contested.
This article explains how long a divorce takes in Ontario, what affects the timeline, and what you can do to avoid unnecessary delays.
The Minimum Time for a Divorce in Ontario
Under Canada’s Divorce Act, there is a mandatory one-year separation period before a divorce can be granted, unless the divorce is based on adultery or cruelty. In most cases, it is most cost and time efficient to seek a divorce based on the one-year separation period, and divorce is rarely claimed on the grounds of adultery or cruelty.
In most cases:
- The earliest you can apply for a divorce is after one year of separation
- Separation can occur even if you live in the same home, as long as you live “separate and apart”
- If there are children involved, the court will not grant a divorce unless it is satisfied that reasonable arrangements have been made for the support of any children of the marriage
This means that no divorce in Ontario is instantaneous, even if both spouses agree.
Uncontested Divorce: The Fastest Option
An uncontested divorce is when both spouses agree on all major issues, including child support, parenting arrangements, spousal support (if applicable), and division of property.
Timeline for an Uncontested Divorce:
- Filing the court application: immediately after separation
- Filing for a divorce order: at least one year after the date of separation
- Court processing time: 2–6 months
- Divorce order becomes effective: 31 days after it is granted
Total time: Approximately 14–18 months from separation to finalized divorce.
Joint Divorce Applications
A joint divorce is a type of uncontested divorce where both spouses file the divorce application together.
Typical timeline: 2–6 months after filing (plus the one-year separation period).
Contested Divorce: Why It Takes Longer
A contested divorce occurs when spouses cannot agree on one or more issues, such as parenting arrangements, support, or property division.
Timeline: 18 months to several years, depending on complexity and conflict.
Can You Get Divorced Faster Than One Year in Ontario?
The one-year separation period does not apply if the divorce is based on adultery or physical or mental cruelty. However, these grounds must be proven, which often takes longer than one year and increases cost and conflict.
Factors That Affect How Long a Divorce Takes:
- Whether children are involved
- Financial complexity
- Level of conflict
- Court delays
- The other sides’ willingness to cooperate and participate in the court proceeding
Separation vs Divorce
Separation means living separate and apart while still legally married. Divorce is a court order that legally ends the marriage.
How to Speed Up a Divorce in Ontario:
- Obtain legal advice early
- Provide full financial disclosure
- Use mediation where possible
- Avoid unnecessary court proceedings
Frequently Asked Questions
How long does a simple divorce take in Ontario?
A simple uncontested divorce usually takes 2–6 months after filing, once the one-year separation period has passed.
When am I officially divorced?
You are officially divorced 31 days after the divorce order is granted, unless the court order specifies otherwise.
Final Thoughts
There is no single answer to how long a divorce takes in Ontario, but most cases fall into these general timelines:
- Uncontested divorce: approximately 14–20 months from separation to final divorce
- Contested divorce: 18 months to several years, depending on complexity and conflict
Understanding the divorce process — and the factors that can delay it — can help you make informed decisions and avoid unnecessary stress.
Every divorce is different. Speaking with a family lawyer can help you understand your specific timeline and next steps. Contact our office to book a confidential consultation and discuss your situation.
