Divorce is not only legal but also emotional. So, one minute, you are making dinner plans together; the next, you are looming over the years of your shared history. Soon enough, you are putting the pieces of your heart back in order, trying to ascertain what comes next. And as you sort through meters of paperwork, one question rings: How long will this take?
But the truth is, there is no right answer to this. If the divorce is disputed, what it takes legally is a major consideration for how long the process takes. This is why talking to a family lawyer in Hamilton will help shed some light on this issue. So, before you get there, let us briefly cover what to expect.
What Affects the Divorce Timeline in Ontario?
Some divorces move quickly, while others drag on for years. What makes the difference?
1. Uncontested vs. Contested Divorce
This is the biggest factor affecting your timeline.
- Uncontested Divorce: When a couple agrees on the asset split and parenting time, the process is quick. You and your spouse are calm, can talk about what to keep and the custody, and breeze through the paperwork. If there are no disagreements to resolve, you can be divorced within four months.
- Contested Divorce: Now, consider a second scenario. You and your spouse cannot come to terms with dividing your home, splitting finances, and figuring out custody. All discussions become a fight, and mediation, court dates, and litigation ensue. Your divorce can last a year or more because there are still many things that you have to fight for.
While disagreements should be avoided, a middle ground can be found to shorten the legal battle. If one party does not stick to a particular conflict, the process becomes quicker.
2. Legal Waiting Periods
Ontario law has built-in time requirements that affect how soon you can finalize a divorce.
- Residency Requirement: At least one spouse must have lived in Ontario for 12 months before filing.
- Separation Period: Most divorces require a 12-month separation before they can proceed. This waiting period applies to most no-fault divorces, meaning even if both parties agree, they still have to wait.
- Grounds for Divorce: In cases of adultery or cruelty, a divorce can technically move forward without waiting a year, but these claims require proof, which can cause delays.
3. Complexity of Assets and Family Situations
Each marriage is unique, and so is each divorce. The more assets, debts, and children that need to be divided between a couple, the longer the divorce will take. If the couple has separate finances, are renters, and no kids, the process is faster. But if there is a business, house, or what to do with the kids, those negotiations can last for a long time.
Consider Sarah and Jake—they owned a house, had investments in common, and co-parented two kids. Getting everything settled took a few months. Liam and Ava had nothing together and agreed to separate amicably. Their divorce was finalized within a few months.
If one spouse challenges the values of assets—homes, pensions, or businesses—this can take additional time. It can take even longer if there are many financial and personal ties to untie.
The Emotional Side of Divorce
Divorce is not something that happens all in the courtroom. Then, there is also having to process the big life changes that come with the territory, which could slow things down.
Others are emotionally prepared to put pen to paper only once they have packed their bags and are heading for town. For some, the emotional burden of financial and custodial decisions is so overwhelming that it causes a slowdown. High-emotion negotiations take longer. Even an amicable divorce may stumble if one partner can not bring themselves to sign the paperwork because of lingering feelings.
And that’s why having a little support–from trusted friends or professionals or even for legal representation—will help immeasurably. Being ready mentally and emotionally makes the process simpler.
Final Thoughts
Divorce takes time, but understanding the process can make it less overwhelming. If both parties agree, it may be wrapped up in a few months. If there are disputes, it could take a year or longer. Either way, knowing what to expect can help you prepare for what’s ahead.
The waiting game isn’t easy, but taking things step by step will get you there. It’s worth reaching out to a trusted legal professional for guidance. Their insight can help you avoid mistakes, stay on track, and move forward with clarity. And when you do, you’ll be ready to start fresh.
