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How Long Does Divorce Take in Canada to Be Finalized

How Long Does Divorce Take in Canada to Be Finalized?

Are you aware that some Canadian divorces extend up to 3 years?

Even though it’s not common, the reality is that several divorce processes get lengthier than they need to be.

If you and your husband can swiftly agree to address the case’s key concerns after completing your separation year, you can typically conclude in four to six months.

We will examine the duration of a divorce in Canada in this article. You will also get a short overview of the entire procedure. And ultimately, you can calculate the average length of a Canadian divorce.

The Time-frame of a Divorce in Canada

Divorce is the legal procedure of putting an end to a marriage. For a complete divorce procedure, you must rely on the legal system. It also implies that there are procedures and guidelines you need to obey to get a divorce.

If you’re requesting a divorce from your partner, you must fill out and present forms and supporting documents. It will take a long time if you don’t present the required paperwork or forms in court at the proper time.

Time-Frame of an Uncontested Divorce in Canada

An uncontested divorce normally lasts between two and four months to complete. This timeline assumes that both sides have consented to all divorce-related agreements, such as property settlement, child custody and care, and alimony.

The divorce procedure may take longer if the partners don’t compromise on every term.

An uncontested divorce is a quicker and easier process. If both partners agree on every condition, the divorce can be finalized easily, which requires a trial.

Divorce Clearance Certificate

The Central Registry of Divorce issues the divorce clearance certificate. Usually, the procedure to get the divorce clearance certificate takes at least 4 weeks.

Providing Documentation

Providing documentation is among the initial steps to getting a divorce. You need to serve the divorce paper to your partner. You can do it on your own or get the help of a server.

If you take the help of a server to process the documents and your partner cooperates with you, it will take only 1-3 weeks to make it happen.

On the other hand, if your partner doesn’t cooperate with you, the server will take other measures to provide the papers. For example, delivering it to their house or office or giving it through a friend, family member or relative.

The server will compulsorily request a warrant to serve the papers if none works. These delays can make the procedure lengthy, lasting more than 7 weeks.

If your partner doesn’t respond, the system will accept all the documentation and take measures to divide the assets, child custody and care, which will be one-sided. And if you get a response from your partner, the court will hear the case, and the judge will decide whether or not to grant the divorce.

Divorce Hearing

If the couple cannot agree, the court will hear the issue, and court will decide whether to grant the divorce. After the hearing, it typically takes 2-4 weeks to finalize the divorce.

Divorce Certificate

A divorce certificate is a record that the court issues to demonstrate that a divorce has occurred. You must have a divorce document to modify your name or to marry again.

After the divorce date order, receiving a divorce certificate often takes between 4-6 weeks, and it finalizes the divorce.

Time-Frame of a Contested Divorce

If your partner doesn’t agree with the divorce, the case directly goes to the court. This divorce process is more complex and lengthy than an uncontested divorce.

The process usually requires a judge to decide on the separation. It will get more troublesome and complex if one party gets a lawyer to deal with it.

Divorce Process

The duration of a contentious divorce might range from six to three years or longer. This is because the court must decide on highly contested topics.

Division of Assets

Division of assets is one of the trickiest topics in a contentious divorce. Even though the division of assets will typically be equitable, there may be disputes on what qualifies as independent assets vs marital assets.

Child Custody

Child custody is also a challenging issue in this divorce process. Both parents raise big issues about getting custody and the amount they must pay.

Alimony is also an issue here because one partner wishes to get the alimony, and the other doesn’t wish to give it.

Expense and Others

You or your partner can ask the court to divide the divorce compensation from other relief in a contentious divorce. It indicates that the judiciary won’t decide on topics that have been settled, only those in contention. It may speed things up but also increase the cost.

Contested divorces involve extra legal fees as they require more time to complete. A normal contested divorce can cost you at least $5,000 in legal bills. Legal costs for a relatively difficult disputed divorce range between $7,000 and $10,000.

The One-Year Separation Period

In Canada, to apply for a no-fault divorce, you must live apart from your spouse for a year or more.

However, if your spouse commits any physical or psychological abuse, the waiting period doesn’t apply. Besides, you no longer need to wait a year if your spouse has committed adultery.

What Lengthens the Divorce Procedure?

Divorce cases can lengthen more than four to six months to complete. This is because the partners cannot agree on matters like the division of assets, child custody and care, and alimony.

The divorce will require more time to be finalized if you and your partner debate such concerns.

Can a Long Separation Lead to an Automatic Divorce?

In Canada, a long period of separation does not automatically result in granting of a divorce. A couple can live apart for as long as they choose without getting a divorce.

Why is It Important to Hire a Professional Divorce Lawyer?

Do you want to avoid a lengthy and troublesome divorce settlement? If yes, you require a divorce lawyer who prioritizes your needs before financial gain.

Divorce lawyers can assist you, and your partner in reaching a mutually beneficial agreement. There are lawyer firms nearby where you can get expert and professional lawyers to help you. Check their firms and reviews to get an idea about them, so it gets easy for you to choose.

Final Words

Divorce is an unpleasant and stressful event in life. People go through a lot of distress during this time. So, for mental peace and less hassle, it is always suggested to hire a divorce lawyer. 

With the help of legal assistance, a legal procedure like this can get more complex and easier to handle. Hope the facts mentioned in this article help you comprehend the measures you should take during a divorce procedure.


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