Step-by-Step Timeline of a Joint Divorce
Step 1: Preparing the Divorce Application
The preparation stage typically takes one to three weeks, although the timeframe can vary depending on the couple’s circumstances. Even though a joint divorce is uncontested, Ontario courts still require complete, accurate, and properly sworn documents before the application can move forward.
Gathering the Required Documents
Both spouses must begin by gathering the documents needed to support the divorce application. The most important document is the original marriage certificate. If the marriage took place outside Canada, the court requires an official certificate issued by the appropriate authority, along with a certified translation if the document is not in English or French.
If a marriage certificate has been lost or needs to be requested from another jurisdiction, replacing it can take several weeks. This is one of the most common reasons joint divorce timelines are extended before the application is even filed.
Completing the Joint Divorce Forms
Once all documents are in place, the required joint divorce forms must be completed together. Accuracy is essential at this stage. Ontario courts do not correct errors in divorce paperwork, and inconsistencies can result in the application being returned or delayed.
Step 2: Filing With the Court
Once the joint divorce application has been properly prepared, the next stage is filing it with the Ontario family court. This step officially starts the divorce process.
Submitting the Joint Divorce Application
In Toronto, a joint divorce application is filed with the Superior Court of Justice (Family Court). Because both spouses are applicants, there is no need for formal service of documents on the other party, which helps keep the process faster than a sole divorce application.
The completed forms, along with the marriage certificate and any required supporting documents, must be filed together. Applications can be filed electronically through Ontario’s online filing system or in person at the courthouse, depending on the circumstances and document requirements.
Paying Court Filing Fees
Court filing fees are mandatory for all divorce applications in Ontario. For a joint divorce, the total court fee is currently just over $600, usually paid in two stages. The first portion is paid when the application is filed, and the remaining portion is paid later, before the Divorce Order is issued.
What Happens After Filing
After the application is accepted and issued by the court, it is placed in the court’s processing queue. A judge will review the file to ensure that the legal requirements for divorce are met. If everything is in order, the court will continue processing the application toward the Divorce Order.
Step 3: Court Review and Processing
After the joint divorce application has been filed and accepted by the court, it enters the court review and processing stage.
Administrative Review by the Court
Once the file is issued, court staff and a judge review the application to confirm that all legal requirements under Ontario law have been met. The court confirms that the one-year separation requirement has been satisfied, that the marriage certificate is valid, and that all required forms are complete and properly commissioned. If children are involved, the judge must also be satisfied that child support arrangements comply with Ontario’s Child Support Guidelines. Even in a joint divorce where both parents agree, the court has an independent duty to protect the best interests of the children.
Typical Processing Timelines in Toronto
For a straightforward joint divorce with no issues, court review and processing in Toronto generally takes six to ten weeks. During periods of high court volume, this stage can take longer.
Step 4: Divorce Order Issued
Once the court has completed its review and is satisfied that all legal requirements have been met, a judge will issue a Divorce Order.
When the Divorce Order Is Granted
The Divorce Order is granted when a judge signs the order confirming that the marriage is legally dissolved, subject to the mandatory waiting period. No court appearance is required, and neither spouse needs to attend court.
The 31-Day Waiting Period Before the Divorce Becomes Final
Under Ontario law, there is a mandatory 31-day waiting period after the Divorce Order is granted. This waiting period applies to all divorces, including joint divorces, and cannot be waived in most circumstances.
Step 5: Divorce Certificate (If Needed)
The Certificate of Divorce is separate from the Divorce Order and is issued only after the mandatory waiting period has fully passed.
What the Divorce Certificate Is
A Certificate of Divorce is an official court document that confirms a marriage has been legally dissolved. Unlike the Divorce Order, which shows that a judge has granted the divorce subject to the waiting period, the certificate proves that the divorce is final and effective.
When and Why People Request It
Many people do not request a Certificate of Divorce immediately, especially if they do not anticipate needing formal proof of divorce right away. Others apply for it soon after the 31-day waiting period ends to avoid delays later.
Common reasons for requesting a certificate include plans to remarry, immigration or sponsorship applications, and situations where official proof of divorce is required by a foreign jurisdiction. While a Divorce Order may be sufficient for personal records, it is the Certificate of Divorce that is typically recognized as conclusive proof.
Average Timeline from Filing to Divorce Order
After a joint divorce application is filed with the Toronto family court, it typically takes eight to twelve weeks for the court to review the file and issue a Divorce Order. This stage includes administrative processing and judicial review but does not involve court appearances or hearings.
Time Until the Divorce Becomes Final
Once the Divorce Order is granted, Ontario law requires a mandatory 31-day waiting period before the divorce becomes final. This waiting period applies to all divorces, including joint divorces, and cannot usually be shortened.
Numan Bajwa is the Founding Partner at Bluetown Law – Family Lawyers. He earned his Juris Doctor from the University of Detroit Mercy School of Law (2011–2014) and holds an Honours degree in Criminology from the University of Windsor (2003–2008).
