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How Long Do You Have to Wait to Get Married after a Divorce in Canada Featured Image

How Long Do You Have to Wait to Get Married after a Divorce in Canada?

Usually, the divorce process is time-consuming. If you are going through the divorce process, you will understand the processing time will feel like forever. In the majority of the cases, the divorce process concludes in a defined time.

But what if you want to marry again? What are the rules? And how long do you have to wait to get merried after a divorce in Canada?

This article discusses how long the divorce process usually takes in Canada. Also, how long should you wait to get married again after the divorce?

When you and your spouse can get divorced?

According to the divorce act of Canada, there are certain criteria to get a divorce. If you and your spouse want to separate from each other, both of you need to follow those federal laws. The general divorce act states that you and your spouse must be in a conjugal relationship to get divorced.

All the divorce laws and acts of Canada will only be applicable for people living in Canada or nearby territories. And you must live or stay in Canada for at least one year to apply for a divorce.

What would happen if it is a no-fault divorce?

In many jurisdictions, including Canada, there is a type of divorce that is called no-fault divorce. In the No-fault divorce, the spouse doesn’t have to present any evidence to the court to get divorced. If you and your spouse live apart for more than one year, then you can apply for a no-fault divorce.

Again, if your spouse committed an abusive action, then the one-year time will not apply here. Moreover, if your spouse is involved in an extramarital relationship or committed adultery, you can also apply for the no-fault divorce to the court.

Can you and your spouse reconcile the relationship?

The answer to this question is Yes.

Sometimes, it can also happen that you and your partner want to work it out again after the divorce. Usually, under the Canadian divorce law, you will get 90 days after the divorce. If you and your spouse want to reconcile the relationship again, you guys need to do it within these 90 days.

On the contrary, if you and your spouse do not reconcile within these 90 days, you guys may not work it out legally after this period. But you should not be worried about it because these 90 days will not fall under the one-year waiting time.

The proceedings of divorce:

When a couple wants to get separated from each other legally, the divorce takes place. Since it is a legal process, you need to go through a court process to complete the divorce proceedings. There are also legal rules and laws that you need to follow to get a divorce.

First and foremost, you need to fill an application form. Then you need to submit all the necessary documentation along with the application form. If you fail to provide proper documentation, the divorce process may take a longer time.

You need to keep in your mind one thing – divorce is not a one-sided process. Your partner also needs to respond to your divorce claim.

Suppose your wife is cheated on you. Now it is a serious allegation towards your wife. So your wife also has the right to defend against that allegation in court.

Usually, there is no way to determine how long a divorce process will exactly take. But if you go to the Canadian attorney general’s website, you will get an estimated time for the divorce process. Generally, it takes four to six months to complete the divorce process.

How long do you have to wait to get married after a divorce in Canada?

Once the court grants the divorce file, you may have to wait at least one month or so. Also, there are some exceptional cases where you may have to wait more or less than that. You need to prove to the court that you are legally separated from your ex-partner to marry again.

If it is a no-fault divorce, you may need to go through some additional court process. In that process, it will be proven that the court legally grants the divorce. As soon as the court grants it, you can remarry again.

Can you get married the day after your divorce is final?

Usually, in some states, you need to wait at least one month after the divorce to get married. On the contrary, there are some territories where there is no waiting period for remarrying.

Therefore, it depends on your location. But as long as the divorce is final by the court, you can get married again.

When does the divorce process take a long time?

The divorce process usually takes four to six months. But in some instances, it takes more than six months. There are lots of reasons behind delaying the process. One of the most common reasons is when two parties do not mutually agree with the separation.

There are also some other issues like child custody, child support, spousal support, etc. The more dispute will occur with your case, the more delayed the case will be.

Until or unless both parties conclude, the divorce will not take place. And these are the reasons behind delaying the divorce process.

How can a trusted divorce lawyer help you?

The divorce process is not a one-way process. Two parties need to involve and take part in that process. And the process deals with so many legal issues, laws, and difficulties. For a general person, dealing with all those things may seem very confusing.

In that case, what you can do is hire a professional divorce lawyer. There are so many benefits of seeking help from a trusted divorce lawyer. When you have a divorce lawyer on your side, the entire process will seem very simple and easy. And you will be able to do with the divorce process in a short period of time.

Bottom line:

Dealing with the divorce process is not just confusing; it’ also deals with your mental and emotional stress. So, you need to know when to do what. And making the right move in those processes is very important. If you fail to do the right thing at the right time, you may not get your best interest from the court.

Therefore, it is wise and advisable for you to seek assistance from a professional and experienced divorce lawyer. Although you know how long do you have to wait to get married after a divorce in Canada, a lawyer can make things easier.