How Long Does It Take to Get a Divorce in Ontario?
A simple uncontested divorce in Ontario usually clears the court in a few months; a contested one can take a year or two. Here is what drives the timeline and how to keep it short.
The honest answer: it depends on whether you and your spouse agree. A simple, uncontested divorce in Ontario usually clears the court in a few months once it is filed correctly. A contested one, where you are fighting over parenting, support, or property, can run a year or two before a judge signs anything. The single rule that catches most people is the one-year separation requirement, and it sets the floor on how fast any of this can move.
Here is how the timing actually works, and what you can do to keep it on the short end.
The one-year separation rule is the real clock
Divorce in Canada is federal. It runs under the Divorce Act, not provincial law, so the rules are the same in Ontario as they are anywhere else in the country. The usual ground for divorce is that you and your spouse have lived separate and apart for at least one year.
That one year is what sets the pace. You can file your application before the year is up, but a court will not grant the divorce until the full year of separation has passed. So if you separated in March, you can start the paperwork early, but the earliest a judge signs off is the following March, and usually a bit after that once the court has processed everything.
You do not have to live in different homes for that year to count. Couples can be separated while living under the same roof, as long as you are living separate lives and can show it. The date you consider yourselves separated is the date the clock starts.
How long does an uncontested divorce take?
An uncontested divorce is one where both spouses agree on everything, or where one spouse files and the other does not contest it. This is the fast lane.
Once the application is filed correctly and the one-year mark has passed, expect the court to take somewhere in the range of four to eight months to process it. That is an estimate, not a promise. The real driver is the backlog at the court handling your file, and that varies across Ontario. Some courts move faster, some slower, and processing times shift over the year.
A joint divorce, where you and your spouse apply together, tends to be the cleanest version of this. There is no one to serve and no one to wait on for a response, which removes a few of the steps where files stall.
What slows an "uncontested" file down is almost always paperwork. A missing signature, a marriage certificate that was never filed, an affidavit of service done wrong, and the court sends it back. Each round trip adds weeks. Getting the documents right the first time is the whole game.
How long does a contested divorce take?
A contested divorce is a different animal. Here you and your spouse disagree on something the court has to sort out, and the timeline stretches to one to two years, sometimes longer.
The divorce itself is rarely the fight. What people fight about is everything attached to it: who the children live with and on what schedule, how much support gets paid, and how the house and other property get divided. Those issues move through case conferences, settlement conferences, motions, and sometimes a trial. Every step has its own date weeks or months out.
The more you can resolve by agreement, through negotiation or mediation, the shorter the whole thing gets. A contested file that settles partway through ends faster than one that runs to trial.
Getting divorced is not the same as settling everything
This trips up a lot of people. "Getting divorced" is a narrow legal step: it ends the marriage. Sorting out parenting, support, and property is separate work, and it does not finish just because the divorce does.
You can be legally divorced while still negotiating property division. You can also settle every other issue in a separation agreement long before the divorce is granted. The two tracks run on their own timelines. A clean separation agreement up front is often what makes the divorce itself quick, because there is nothing left for a court to decide.
One thing a court will not skip: child support
If you have children, there is a hard stop built into the process. A court will not grant a divorce until it is satisfied that reasonable arrangements have been made for the support of the children.
This is not optional and you cannot waive it. The judge reviews the support arrangements as part of granting the divorce. If the numbers do not line up with what the children are entitled to, the file does not move forward until that is fixed. Parents who sort out support properly at the start avoid a delay at the finish line.
Can you speed it up?
You cannot shorten the one-year separation period. That part is fixed by statute. What you can control is everything else.
File a joint application if you and your spouse can agree. Get every document right the first time so nothing bounces back. Settle parenting, support, and property by agreement so there is no contest. Have child-support arrangements squared away before you ask the court to grant the divorce. Do those four things and you land on the short end of the range.
How Ryan helps
Ryan Manilla handles Ontario divorces on a flat fee, so you know the cost before anything starts. No hourly meter running while you wait on the court. For an uncontested or joint divorce, that means a fixed price to get the application filed correctly the first time, which is the difference between a few months and a file that keeps bouncing back.
If your situation is contested, Ryan works to resolve the parenting, support, and property issues by agreement wherever possible, because that is what shortens the timeline and keeps the cost down.
The first consultation is free. Bring your situation, get a straight answer on where you stand and how long it is likely to take. You can also read more about the divorce process and the steps involved before you reach out.
Frequently asked questions
How long do you have to be separated to divorce in Ontario?
One year. The usual ground for divorce under the federal Divorce Act is living separate and apart for at least a year. You can file the application before the year is up, but a court will not grant the divorce until the full year has passed. You can be separated while living in the same home if you are living separate lives.
Can I speed up my divorce?
You cannot shorten the one-year separation period, which is fixed by statute. You can speed up everything else: file a joint application, get every document right the first time, settle parenting, support and property by agreement, and have child-support arrangements in place before asking the court to grant the divorce.
How long does an uncontested divorce take?
Once filed correctly and the one-year separation mark has passed, an uncontested or joint divorce commonly takes around four to eight months for the court to process. That is an estimate, not a guarantee. The main variable is the backlog at the court handling your file, which differs across Ontario.
Can I remarry right after my divorce?
Not the instant the judge signs. The divorce takes effect 31 days after the order is made, and you need a Certificate of Divorce before you can remarry. Wait for the divorce to take effect and obtain that certificate, then you are free to remarry.
Questions about your own situation?
Flat fees, no hourly billing, free first consultation. Ryan Manilla is available 24/7.
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