Find a lawyer to help you answer your legal questions.

  • My Legal Briefcase

    I want to remarry. How long does it take to be divorced?
    Notice: Undefined property: stdClass::$post_date in /var/www/webapp/ui/mlb_faq.php on line 96

    Assuming that this was the first marriage for each of you, that you were and continue to live in Ontario, that there are no children or other issues that your spouse might contest, and your spouse is expecting the petition and will cooperate, you can expect to be divorced at a minimum of between three and four months.

    After the petition is prepared it is sent to court where it is given a file number. That same day, the court sends a form to Ottawa requesting clearance from Ottawa to grant the divorce. That clearance will be given provided there are no other divorce cases involving the two parties. If there are no other cases, the Central Registry will issue a Clearance Certificate and send it back to the court where the divorce was issued. It takes a minimum of six weeks and an average of eight weeks for the Registry to send the clearance certificate to the court. A court will not grant a divorce unless the clearance certificate has been received.

    Twenty-one days after the day the other spouse was served with the petition, the petitioner may move for a divorce judgment, by swearing an affidavit. The affidavit and other material is then sent to court, where it is processed and (if the clearance certificate has arrived) placed in a box to be sent up to a judge for review. It generally takes a minimum of two to three weeks before a judge reviews and signs the divorce judgment. If the affidavit arrives before the clearance certificate, it may be rejected or the court will wait to process it until the clearance certificate arrives.

    Once a judge signs the divorce judgement it takes a further month before the divorce takes effect. The entire time line from petition to judgment takes an average of three and a half months.

    In urgent circumstances, a lawyer can arrange to see a judge and ask the judge to sign the divorce that day and make it effective the day it was signed. Technically, the circumstances have to be not of the client?s making. An impending wedding is not considered a sufficient reason to make a divorce effective immediately. Lawyers can sometimes convince judges otherwise, but judges are becoming increasingly reluctant to grant "quickie divorces."

    In addition, there are several unforeseen circumstances that can further delay the divorce. Some of those include: a civil servant?s strike or slowdown, if the parties were married outside the province and one or the other was divorced at the time of marriage or if there are difficulties serving the other spouse.

    Disclaimer: Content on this website is provided for informational purposes only and does not constitute a legal advice.

Document Banner