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Filing a Divorce in Canada: How Long Can the Process Take?

If you and your spouse have decided to cut your ties, you may want to know how long it takes a divorce to finalise. During and after divorce, you and your spouse may go back and forth between feelings of devastation and you feel like the process takes forever. But, most cases come to end within a defined period. 

The Divorce Act covers the rules for getting a divorce in Canada. It states that a couple should be in a marriage the Canadian government recognises, the marriage has broken down irrevocably, and the couple has been residing in the province in which they will be applying for divorce for one year. Keep reading to know how long divorces often take in Canada and the factors that can lengthen the process. 

Does Fault Matter when Filing for Divorce?

No-fault divorce exists in Canada. This means that couples don’t need to prove that their spouse did something wrong to legally end the marriage. In the country, a person needs to live apart from their spouse for at least one year to apply for a no-fault divorce. This period does not apply if the souse committed physical or psychological abuse. Also, a spouse does not need to wait one year if their spouse committed adultery. 

Timeline for Divorce Proceedings

To get a divorce, you must go through the court system to complete the proceedings. And there are rules and regulations to follow to get a divorce. You need to complete forms and submit documentation. Failing to submit the right forms or the proper documentation will lengthen the divorce process. Divorce lawyer Andrew Heft will take care of all necessary documents and filing, so your divorce proceedings won’t drag on. When filing a divorce application in court, your spouse has time to respond. The divorce proceedings may take approximately 4-6 months to complete when you and your spouse submit all documentation on time and there are no issues you both have to resolve. 

In some instances, divorce proceedings take longer than 4-6 months when both parties do not agree on issues like property division, spousal or child support, and child custody and access. The longer it takes the finalise your divorce, the more you have to spend a great deal of time and money to end the marriage. 

To ensure your divorce proceedings get finalised as soon as possible, hire a divorce attorney who puts your best interest first. An attorney who is trained in mediation and dispute resolution techniques can help you and your spouse reach an agreement that meets the need of everyone involved. 

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