Your lawyer just told you that your divorce will take “anywhere from a few months to a few years” depending on the circumstances. That’s not the answer you wanted when you’re trying to plan your financial future, figure out when you can move forward with your life, or explain to your children when things will finally settle down.
I know this because divorce timelines stress everyone involved – the uncertainty makes it difficult to plan, and the waiting feels endless when you’re ready to move on. How long does divorce take in Ontario depends on whether your case is amicable or acrimonious, contested or uncontested, how quickly you and your ex-spouse deal with the issues, and whether you can resolve issues without Court (and if in Court, if you can settle before going all the way to a trial).
Here’s the realistic timeline for each stage of the divorce process:
How Long Does Divorce Take? The Minimum Timeline
Let’s start with the fastest possible scenario. You and your spouse agree on everything – custody, support, property division. Nobody contests anything. How long does this take?
You can negotiate and settle all the major issues, ie parenting, residency, support, property, and sign a Separation Agreement. This can be done very quickly sometimes, assuming the parties agree on everything. However, the absolute minimum timeline is 1 year to get an actual Divorce Order from the Court. You would include in your Separation Agreement terms related to the filing of the Divorce and the cost of this, which is usually shared.
Here’s how that breaks down. You can apply to the Court for a divorce anytime after separation, however you need to be separated for at least one year before the Court will grant the divorce. That’s the mandatory waiting period under the legislation – you can’t speed it up.
The divorce application process takes time. You or your lawyer prepares your Application for Divorce, files with the court, pays the filing fee, and serves your spouse. Even when uncontested, this initial filing stage takes time to complete properly.
After filing, your spouse has 30 days to respond. In an uncontested divorce, they either don’t file an Answer or they file one confirming they don’t oppose the divorce. You’re waiting on their response timeline even when they agree with everything.
Once the response period expires, you can request a divorce order. The court reviews your application, verifies you’ve met all requirements, and issues the divorce order.
Then there’s the 31-day waiting period after the divorce order is granted. Your divorce isn’t final until 31 days after the court issues the order. After those 31 days pass, your divorce is official.
Realistically, you’re looking at roughly 14-16 months total from separation to final divorce in the absolute best case scenario.
Timeline Note: These timelines represent general estimates for uncontested divorces in Ontario. Actual processing times vary based on court location, current case volumes, completeness of documentation, and whether any issues arise during. Some jurisdictions may process cases faster or slower than these averages.
What Actually Counts as “Separation” for Divorce Purposes
That one-year separation requirement causes confusion. People think separation means signed agreements and separate homes. It doesn’t.
Here’s what matters. You’re living separate and apart – either in different homes or under the same roof. You’ve stopped presenting yourselves as a married couple. You’re no longer sharing finances, meals, social activities, or a bedroom as spouses.
Living under the same roof while separated is possible and common. In these scenarios, the spouses are maintaining separate lives – separate bedrooms, separate meals, no shared social activities, etc. They act more like roommates, and do not hold themselves out to friends and family as being together. Separation is a factual question, and to determine the date of separation can sometimes be a challenge.
Filing Stage: Getting Your Court Application Into the System
If you are unable to amicably agree on a resolution of the issues in your matter, and negotiations have failed (or your spouse is refusing to participate), you may ultimately decide that you have no other choice but to proceed through the Court system on a contested basis.
You and your lawyer start by preparing your Application for Divorce. This isn’t a simple form – it’s a detailed court document that sets out the grounds for divorce, addresses parenting if you have children, and deals with support and property division. You need to provide accurate information about your cohabitation date, marriage date, separation date, children, financial arrangements, and what orders you’re seeking. You’ll also need financial documents, including a sworn financial statement.
Issuing and filing happens at the courthouse in the jurisdiction where you or your spouse resides. You pay the court filing fee and submit your application package. The court clerk reviews documents for basic completeness but doesn’t assess the merits of your case at this stage.
After issuing your Application, you must serve your spouse with the divorce documents. Service means formally delivering the court documents according to legal requirements. You need proof of service to proceed with your case.
Having all documents ready, information accurate, and proper legal guidance means you complete this stage efficiently. Rushing through filing with incomplete information creates issue and delays that can significantly extend your timeline.
Cost Consideration: Court filing fees for divorce applications in Ontario are currently set amounts, but the total cost of this stage varies based on whether you hire a lawyer for document preparation, use a process server for proper service, and need to obtain official copies of documents like marriage certificates. These costs can range significantly based on your specific circumstances and the level of professional assistance you require.
Response and Answer Period: Waiting on Your Spouse
After you serve your spouse, they have 30 days to file an Answer if they want to contest anything (60 days if served outside Ontario, longer if served outside Canada).
In contested cases, your spouse files an Answer that disputes the claims you made regarding parenting or support arrangements, property division, etc. This triggers a different timeline entirely – one that involves multiple additional steps and can extend your divorce by months or years.
Sometimes spouses don’t respond at all. If your spouse doesn’t file an Answer, you can proceed with a divorce and the other issues in your case. Their non-response doesn’t prevent your divorce from moving forward.
Financial Disclosure: The Step That Delays Many Divorces and Family Law Cases
Financial disclosure and bad behaviour by one or both spouses cause delays, increased legal costs and extend timelines more than any other single factor. When property division or support is at issue, both parties must provide complete financial disclosure. This process can take months in complex cases.
Full disclosure means exchanging detailed financial information – tax returns, bank statements, investment accounts, pension statements, business financial statements, property valuations, debt information, everything that shows your financial picture. You’re not just listing assets – you’re providing documentary proof of everything you claim.
The timeline depends on financial complexity. Simple finances with T4 employment income and basic assets? Disclosure might take just a few weeks to gather and exchange. Complex finances with business ownership, multiple properties, investments, trusts, or international assets? Disclosure can take many months or longer.
Here’s where delays happen. One spouse doesn’t provide documents on time or refuses to provide disclosure at all. The other spouse questions whether disclosure is complete and requests additional information. Business valuations are needed but take months to complete. Pension valuations can require actuarial reports. Property appraisals need to be obtained.
The disclosure stage overlaps with other steps. You can be exchanging financial information while attending conferences or negotiating settlements. But incomplete disclosure often delays or prevents finalizing agreements or obtaining orders on property or support – issues that affect most divorces.
Case Conferences: Mandatory Steps in Contested Cases
Case Conferences are the first substantive Court attendances that take place in any family law case. Prior to this, and after the completion of the service and filing of initial Court Documents, there might be a First Appearance with a Court Clerk, just to make sure procedural issues are all in order and to set a date for a Case Conference.
Contested divorces require at least one case conference before you can proceed to other steps. These conferences are meant to encourage settlement and narrow issues for trial if settlement isn’t possible.
The first case conference typically happens a few months after the filing of initial Court Documents. You and your spouse (and your lawyers if you have them) meet with a judge to discuss issues in dispute, explore settlement possibilities, and receive the court’s input on the case.
Before the conference, you file conference briefs – documents that outline your position on contested issues, list what you’re seeking, and identify what you think can be resolved. These briefs give the judge background to facilitate productive discussion during the conference.
Case conferences can resolve your separation and divorce that day if a settlement is reached on all issues, or they may help narrow the issues and resolve only some issues. Or they might resolve none of the issues – this is different case by case. These hearings set the direction for your case. The judge might suggest settlement ranges for support, recommend parenting arrangements, or give opinions on property division. – it’s a settlement-focused discussion.
If settlement isn’t reached, the judge gives directions for next steps. That might include scheduling a settlement conference, addressing issues regarding assessments or valuations, setting timelines for completing disclosure, or dealing with Motion dates if necessary.
Multiple conferences are common. First case conference, then perhaps another case conference or settlement conference months later, possibly a trial management conference before trial. Each conference requires document preparation, scheduling around court and lawyer availability, and waiting periods between conferences. You’re usually adding at least several months of timeline per conference to your divorce process.
Timeline Variability: Conference scheduling depends heavily on court availability in your jurisdiction. Some courts with high case volumes or fewer Judges may have longer wait times between conferences. Some jurisdictions schedule case conferences within 2-3 months, while others may take 6+ months. The timeline between conferences also varies – additional settlement conferences might be scheduled 2-4 months apart depending on court availability and case complexity.
Settlement Negotiations: Where Time Investment Pays Off
Most contested divorces settle before trial. Settlement negotiations happen throughout the process – during financial disclosure exchange, between conferences, through four-way meetings with lawyers, or through mediation.
Settlement timelines vary dramatically. Some couples resolve everything within weeks once they have complete financial disclosure. Others negotiate for months, making incremental progress on different issues. Complex cases with business valuations or custody disputes can take a year or more to settle.
The investment in settlement time saves trial time. A trial on all issues in a complex divorce can take weeks of court time spread over months of scheduling. Settlement means you have more control over the timeline and the outcome instead of waiting for a judge’s decision.
Mediation often accelerates settlement in many cases. A trained mediator helps you and your spouse negotiate directly, working through issues systematically. Mediation can resolve divorces swiftly and efficiently when both parties participate in good faith.
Even partial settlement matters. Maybe you resolve parenting and child support but need court orders on property or spousal support. Narrowing issues reduces trial time and expense.
Settlement requires flexibility and realistic expectations. If you insist on getting 100% of what you want on every issue, you’ll likely go to trial. If you’re willing to compromise on less critical points while protecting your priorities, settlement becomes achievable much faster.
Going to Trial vs Negotiation a Settlement: When Divorce Can Take Years Instead of Months
Trial is the longest, most expensive, and most time-consuming path to divorce.
Trial preparation adds months to your timeline and escalates costs significantly. You’re preparing court documentation, witnesses, and evidence. If expert witnesses are testifying (accountants for business valuation, psychologists for custody assessments), you’re coordinating their reports and availability.
Your trial might be just a couple of days, or could be weeks long, based on the specifics of your case.
After the trial concludes, you wait for the judge’s decision. Simple cases might have decisions sooner. Complex cases with difficult issues may take longer to be decided. You’ve finished presenting your case, but you’re still waiting on the outcome. Then there’s the implementation of the Orders made.
What You Can Control to Speed Up Your Divorce
You can’t eliminate the mandatory separation period or force courts to process cases faster than their schedules allow. But you control factors that determine whether your divorce takes 12 months or 48 months.
Complete financial disclosure quickly and thoroughly. Don’t wait for your spouse to request documents multiple times. Don’t “forget” about that investment account or rental property. Provide everything upfront with supporting documentation. Disclosure delays are the most common controllable factor that extends divorce timelines.
Respond to court requirements and deadlines promptly. When the court or your spouse’s lawyer requests information, provide it within the specified timeframe. When you need to file documents, do it when they’re due rather than requesting extensions. Meeting deadlines keeps your case moving on schedule.
Consider settlement seriously at each stage. Going to trial gives you a judge’s decision, but at the cost of many additional months, significant legal fees and a loss of control over the outcome. If settlement offers are reasonable even if not perfect, the time savings alone might make settlement worth accepting.
Be realistic about contested issues. Do you really need to fight over less crucial issues? Will spending months arguing over more minor financial issues make sense when you calculate the legal fees and emotional cost? Choose your battles based on what genuinely matters.
Maintain communication with your lawyer about timelines. Ask what steps are coming next, what deadlines exist, and what you can do to prepare in advance. Proactive clients who gather information and documents before being asked help their cases move efficiently.
Keep conflict manageable. Every nasty email exchange, every refusal to cooperate on scheduling, every violation of interim arrangements adds time to your divorce. High conflict turns simple cases into complex ones and makes settlement less likely. Managing conflict doesn’t mean accepting unfair terms – it means focusing on reasonable compromise rather than emotional warfare.
Moving Forward With Realistic Timeline Expectations
Your divorce timeline depends on factors both within and beyond your control. You can’t change the one-year separation requirement. You can’t force courts to schedule conferences or trials faster. You can’t make your spouse cooperate if they’re determined to be difficult.
What you can do is approach your divorce with realistic expectations about timing. Understand that even simple uncontested divorces take over a year from separation to final order. Know that contested cases can typically take 2+ years, sometimes longer. Plan your financial and personal life accordingly rather than expecting quick resolution.
Focus on the controllable factors. Complete disclosure promptly. Meet court deadlines. Consider settlement seriously. Choose which issues genuinely warrant extended litigation. Maintain as much cooperation as circumstances allow. These actions prevent your divorce from stretching into unnecessary years.
Work with experienced family law counsel who can give you realistic timeline estimates specific to your situation and jurisdiction. They’ll identify where your case might move quickly and where delays are likely. They’ll help you make strategic decisions about when to push forward and when patience serves your interests.
Your divorce will take as long as it takes. But understanding the timeline, knowing what causes delays, and managing the controllable factors means you can move through the process as efficiently as your circumstances allow. That certainty – even if the timeline is longer than you hoped – is better than endless uncertainty about when things will finally be resolved.
This article provides general information about divorce timelines in Ontario and should not be considered legal advice for your specific situation. Actual timelines vary significantly based on individual circumstances, court location, case complexity, and whether issues are contested. For timeline estimates specific to your divorce, consult with a qualified family law lawyer who can assess your particular situation and provide guidance based on current court procedures and case volumes in your jurisdiction.
