• DivorceSupport.CA
• About Our Firm
• Family Law Advice
• Our Fees
• Our Team
• Our Blog
• Contact Us
• Areas of Practice
• Prenuptial Agreement
• Separation Agreement
• Divorce
• Family Property
• Spousal Support
• Child Support
• Child Custody
• Common Law Marriage
• Same Sex Marriage
• Fast-Track Family Law
• Alternative Dispute Resolution
• Collaborative Law
• Resources
• Our Family Law Blog
• Recommended Links

Getting a Divorce in Canada

After One Year of Separation

If you have been living separate and apart from your spouse for at least one year, you can obtain a Divorce. However you do not have to wait until you have been separated for a full year to apply for a divorce. You can start the Application for Divorce as soon as you separate but the court will not give you the divorce until the year is completed.

Exemptions from the One Year Separation Rule

Divorce can be granted without waiting for the one year separation if: 

• you can prove that your marriage has broken down because of adultery and you cannot forgive the adultery or;
• you live together for more than 90 days after finding out; or
• your spouse was physically or mentally cruel to you.

It is important to understand that getting a divorce is a separate process from resolving all of your other family law matters, such as family property division, support and child custody. You might deal with all of these matters together, but a divorce is simply a statement by the courts that you are no longer legally married to your spouse.

In Canada, we have “no fault” divorce, which basically allows people to get divorced without having to sue each other for wrongful conduct. If you have been living ‘separate and apart’ from your spouse for at least one year, you can get a divorce.

If you have not been separated for a year, but there are special circumstances such as adultery or abuse, you can also apply for a divorce before the one year has passed.

How to Get a Divorce

To obtain a divorce, you must apply to the court and issue a Divorce Application.  Your family lawyer will be able to explain how to get a divorce, and will take care of all of the following steps for you.

Your divorce lawyer will also be experienced in dealing with any ‘hiccups’ or complications along the way and ensure that everything is moving forward properly.

Divorce Steps

To get a divorce in Canada, you must apply to a court.  Once the Application has been issued with the court, it is then served on your spouse.

Your spouse has 30 days from the day she/he was served to respond to the Divorce Application. If there is no answer filed by your spouse after the 30 days is up, you can then set down your divorce with the court by submitting your Affidavit for Divorce, Divorce Order and Clerk's Certificate. A judge then reviews your materials and if satisfied, will issue the Divorce Order; you can obtain your Certificate of Divorce 30 days after the Divorce Order is granted  which allows you to remarry if you so wish.

How Long Does It Take to Get Divorced?

The whole divorce court process can take between three and six months, depending on where your spouse lives and whether there are any problems with your supporting papers or in the procedures you or your lawyer followed.

If you’re dealing with other issues like support, the division of property and child custody as part of your divorce, resolving these issues may add on some time, depending on your particular circumstances.

A Niren family lawyer in Toronto or Hamilton will discuss several things you can both do to keep the time and cost of your divorce down, without compromising your best interests.

Uncontested Divorces vs. Contested Divorces

No divorce is truly "uncontested" but we call certain divorces uncontested when there are no fundamental disagreements about the divorce. And when there are disputes, they usually  do not have to be resolved in court. In an uncontested divorce, the spouses generally can reach a decision as to the terms of the divorce without going to trial. Uncontested divorces move more quickly through the courts and are generally less expensive than contested divorces.

Where possible, couples seeking a divorce should try to work out mutual terms for the separation without going to court. If the spouses cannot resolve disputes on their own, we recommend arbitration or mediation.  A very popular approach in this regard is Collaborative Law .  This approach saves time and money by bypassing lengthy litigation and trial processes. An uncontested divorce typically reduces hostility, allowing both parties to resume their lives more quickly.

In Contested Divorces, there are usually complex legal and financial issues involved.  While an uncontested divorce can sometimes be resolved quickly and at a reduced cost to all parties, a contested divorce usually involves litigation with court proceedings.

Whether you are proceeding with an uncontested divorce or contested divorce, is essential that you retain competent family lawyers to make sure that your legal rights are protected and you receive the best possible outcome. 

Contact a Niren Family Lawyer for an initial consultation about all of your divorce questions.