One of the most common questions is How Long does it take to Get a Divorce in Ontario for Uncontested Divorce?
Uncontested Simple Divorce or Uncontested Joint Divorce usually takes between 4 to 6 months to be finalized. However, Uncontested Divorce is to be filed when you are ONLY seeking Divorce Order and no other relief, such as Child Custody or Child Support.
Divorce Clearance Certificate
When you file your Uncontested Divorce, you would need to wait for a minimum of 1 to 2 months for the clearance certificate to be issued from the Central Registry of Divorce in Ottawa. The Clearance Certificate can be delayed if similar name applications have been filed in another province or name on the marriage certificate is different from the name on the divorce Application.
Service of Documents
Service of Divorce Application is required if Uncontested Simple Divorce is filed (Learn the Difference between different Types of Divorce). It would take about 1 to 3 weeks for the process server to serve the documents and submit the original affidavit of Service, provided the other party is reachable and co-operative.
Although service of documents could be delayed if the Respondent is not co-operative. In light of the circumstances may need to file a motion for substitutive service which could further delay the process by 4 to 8 weeks.
Presuming the Respondent was served within 1 month from the date of filing the divorce, then the Respondent would have 30 days to file his/her answer if served within Canada and 60 days if the Respondent was served outside Canada.
Therefore it would be prudent to say that you may need to wait for 3 months until the matter is ready to be sent to the Judge for Final Hearing.
Once, the Divorce Clearance Certificate is received and the Respondent has been not filed his/her answer within 30 days from the date of service, the applicant would need to set the matter down for a Divorce Hearing. The Court Registrar would send the file for a hearing before a Divorce Judge, which could take 4 to 8 weeks for a Divorce Order to be processed.
Once you have received a Divorce Order you would need to wait for 30 days from the Date of the Divorce Order to receive a Divorce Certificate from Court. The Divorce would only become final after 30 days.
How long it takes to get a Divorce in Ontario Contested Divorce
How Long Does it take to get a Divorce in Ontario for a Contested Divorce
Divorce with Other Relief
On the other hand, a Contested Divorce could take from 6 months to 36 months or more. Contested Divorces tend to be more complicated and involved issues such as Child Support, Custody, Spousal Support & Division of Property.
In a Contested Divorce, a party can apply to the court by filing a motion to separate the relief of Divorce from other relief claimed. You would need to speak to a Divorce Lawyer to identify if you will be eligible to have your claim for Divorce separated from the remaining case. It is possible but not always easy to get an order to separate Divorce from other claims.
In light of the fact that contested Divorces are more complicated and take longer to resolve, the legal costs are also higher for a Contested Divorce.
On average a Simple Contested Divorce could cost up to $5,000 + Tax
Moderately Complicated Divorce Could Cost approximately $7,000 + Tax.
It is common for Parties to enter into a Separation Agreement in Ontario to enable them to File for an Uncontested Divorce.
A Divorce Certificate can be collected after 30 days from the date Divorce Order has been issued.
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