How Long Does a Sole Divorce Take in Ontario? Timeline & Steps

How Long Does a Sole Divorce Take in Ontario?

A sole divorce in Ontario typically takes 4 to 8 months after filing if uncontested and properly completed. However, you must first meet the mandatory 1-year separation requirement, bringing the total timeline to about 12–18 months. Delays can occur due to errors, disputes, or court backlogs.

Key Takeaways

• A sole divorce in Ontario usually takes 4–8 months after filing
• You must complete a 1-year separation period before applying
• Uncontested divorces are significantly faster than contested ones
• Errors in divorce forms can cause delays or rejection
• Court processing times in Ontario vary by region, including Toronto
• Hiring a family lawyer in Toronto can help avoid costly mistakes

How Long Does Divorce Take in Ontario Overall?

The full divorce process in Ontario includes both the separation period and court processing time.

• Total timeline: 12–18 months (including separation)
• Court process timeline: 4–8 months after filing

It’s important to distinguish between:

• Sole divorce (one spouse files)
• Joint divorce (both spouses agree and file together)
• Contested divorce (disputes exist)
• Uncontested divorce (no disputes)

What Is the Fastest Divorce Timeline in Ontario?

The fastest divorce timeline in Ontario is around 4–5 months after filing. This only happens when:

• All divorce documents are complete and accurate
• The case is uncontested
• Proper service of documents is completed
• There are no court delays

What Is the Slowest Divorce Timeline in Ontario?

A sole divorce can take 12 months or longer after filing if:

• There are disputes over child custody, support, or property division
• The court requires corrections or additional documents
• The case becomes contested

What Is the Step-by-Step Sole Divorce Process in Ontario?

Step 1: Meet the 1-Year Separation Requirement

Before filing for a divorce in Ontario, you must prove a breakdown of the marriage. This is usually done through a 1-year separation.

Exceptions exist for adultery or cruelty, but they require evidence and can complicate the process.

Step 2: Prepare and File Divorce Application

You must complete and file Form 8A: Application (Divorce) with the Ontario Superior Court of Justice.

This step includes:

• Paying court filing fees
• Submitting required family law documents
• Ensuring accuracy to avoid rejection

Step 3: Serve Divorce Papers to Your Spouse

You are legally required to serve divorce documents to your spouse.

• Service must follow strict legal rules
• Your spouse has 30 days to respond (if in Canada)

Step 4: Wait for Response (or No Response)

• If your spouse does not respond, the case becomes uncontested
• If they respond, the divorce becomes contested, which increases the timeline

Step 5: Apply for Divorce Order

Once the waiting period passes, you can request a divorce order by submitting:

• An affidavit for divorce
• Supporting documents confirming service and separation

Step 6: Court Reviews and Grants Divorce

A judge will review your application.

In most uncontested divorce cases, no court appearance is required. If everything is correct, the judge grants the divorce order.

Step 7: Divorce Order Becomes Final

After the divorce order is granted:

• You must wait 31 days
• The divorce becomes legally final
• You can apply for a divorce certificate

Divorce Timeline Breakdown in Ontario (Month-by-Month)

Month 0–12: Separation Period

You must live separate and apart for at least 12 months before filing.

Month 1–2: Filing and Serving Documents

• Prepare and submit divorce application
• Serve documents to your spouse

Month 2–3: Waiting for Response

• 30-day response period
• If no response, proceed as uncontested divorce

Month 3–5: Applying for Divorce Order

• Submit final paperwork
• Court begins processing your case

Month 5–7: Court Review and Approval

• Judge reviews documents
• May request corrections if needed

Month 6–8: Divorce Finalization

• 31-day waiting period after approval
• Divorce becomes official

What Factors Affect How Long a Divorce Takes in Ontario?

Is the Divorce Contested or Uncontested?

The biggest factor in your divorce timeline is whether both parties agree.

• Uncontested divorce: faster
• Contested divorce: slower due to hearings and negotiations

Are the Divorce Forms Completed Correctly?

Errors in court forms can result in:

• Rejected applications
• Delayed processing
• Additional filing requirements

How Busy Is the Ontario Court System?

Court backlogs vary across Ontario. In Toronto, higher case volumes can increase wait times.

Are There Issues with Service of Documents?

Improper service of documents can delay your case or require restarting the process.

Are There Related Family Law Issues?

Disputes involving:

• Child custody
• Spousal support
• Property division

These can significantly extend the timeline.

What Can Delay a Sole Divorce in Ontario?

Common delays include:

• Incomplete or incorrect divorce paperwork
• Failure to properly serve documents
• Disputes over family law issues
• Missing affidavits or sworn statements
• Court backlog in Ontario

Can Missing Documents Restart the Process?

Yes. If documents are incomplete or incorrect, the court may:

• Reject your application
• Require resubmission
• Delay your divorce order

How to Speed Up a Sole Divorce in Ontario

To reduce delays:

• Ensure all divorce forms are accurate and complete
• File in the correct court jurisdiction
• Follow proper service rules
• Avoid disputes where possible
• Work with a Toronto divorce lawyer

Should You Hire a Family Lawyer in Toronto?

Hiring a family lawyer can:

• Prevent costly mistakes
• Speed up the process
• Ensure compliance with Ontario family law
• Provide strategic advice

Sole Divorce vs Joint Divorce: Which Is Faster?

A joint divorce is usually faster because both spouses agree on all terms.

A sole divorce is necessary when:

• One spouse refuses to participate
• There is no communication
• The other spouse cannot be located

When Is Sole Divorce the Only Option?

You must file a sole divorce application if:

• Your spouse is uncooperative
• You cannot obtain agreement
• You need to move forward independently

What Happens After the Divorce Is Final?

Once your divorce is finalized, you should:

• Apply for a divorce certificate
• Update legal documents such as:
  • Wills
  • Beneficiaries
• Address any unresolved family law matters

What Should You Do Next If You Want to File for Divorce in Ontario?

To move forward:

• Confirm your eligibility for divorce
• Gather required legal documents
• Decide between sole vs joint divorce
• Consider consulting a Toronto family lawyer

Frequently Asked Questions

How long does a sole divorce take in Ontario if uncontested?

An uncontested sole divorce in Ontario usually takes 4 to 8 months after filing. This assumes all documents are correct, properly served, and no response is filed. Delays can occur if the court requests corrections or additional information.

Can you get divorced faster than one year in Ontario?

Yes, but only in limited cases involving adultery or cruelty. These exceptions require strong evidence and may complicate the process. Most divorces rely on the standard 1-year separation rule, which remains the most common and straightforward option.

What is the waiting period after a divorce order in Ontario?

After a divorce order is granted, there is a mandatory 31-day waiting period before the divorce becomes final. During this time, either party can appeal. Once the period passes, you can request a divorce certificate.

Do both spouses need to agree for a divorce in Ontario?

No. A sole divorce allows one spouse to proceed without the other’s agreement. As long as the legal requirements are met, including proper service of documents, the court can grant the divorce even if the other spouse does not respond.

How much does a sole divorce cost in Ontario?

Court fees for a sole divorce in Ontario are typically around a few hundred dollars. Additional costs may include legal fees if you hire a lawyer. The total cost depends on whether the divorce is contested and the complexity of related family law issues.

Call (647) 254-0909 to speak with a Toronto divorce lawyer.