Family LawOntario Divorce Timeline in 2026: How Long Does a Divorce Take?

Divorce rarely ends on the day you decide. It ends when the court says it does. That gap is what most people underestimate. Your Divorce Timeline can feel simple on paper, then stretch because of one missing form.

In Ontario, two things shape the clock. First, the legal waiting rule, like the one-year separation. Second, the court’s processing time, which can vary by courthouse. A file in Toronto may move differently than one in Newmarket or Ottawa. That is normal, but it is frustrating.

In this guide, we will lay out the real timelines for simple, joint, uncontested, and contested divorces in 2026. We will also show what usually causes delays, and the practical steps that keep your file moving.

Remember that the information here is educational and does not replace legal advice.

The legal framework and separation period

A federally governed process

Divorce in Ontario falls under Canada’s Divorce Act, which applies nationwide. Each province administers the process through its own court system, so timelines vary depending on local court schedules and administrative backlogs. The divorce application must be filed in the Superior Court of Justice (Family Court) where one spouse has lived for at least 12 months.

Mandatory one‑year separation

The most common ground for divorce is living “separate and apart” for at least one year. Couples may begin the paperwork during this separation but the divorce order cannot be granted until the year has run its course. During this period:

• You can reconcile for up to 90 days without restarting the clock.
• You may remain under the same roof if you lead separate lives, sleep in different rooms, cook separately and maintain separate finances.
• The separation period can be waived only if you prove adultery or cruelty, but contested proof often lengthens the process.

Other requirements

• Residency: at least one spouse must have lived in Ontario for 12 months before filing.
• Grounds: besides separation, adultery or cruelty may allow for immediate filing, although the burden of proof makes these rare.
• Separation agreement: to qualify for a simple or joint divorce, couples should resolve issues like parenting time, child support, spousal support and property division ahead of time. These terms are documented in a separation agreement or consent order and filed with the court.

Types of divorce and their timelines

1. Simple (sole) uncontested divorce

A simple divorce is an uncontested proceeding where one spouse files for divorce and the other does not dispute it. There are no unresolved issues about children, support or property. Because the court’s role is limited to dissolving the marriage, the timeline is the shortest:

• Overall duration: when paperwork is prepared correctly, a simple divorce typically takes 3 to 4 months. Mistakes such as missing signatures or improper service can extend it to a year.
• Steps:
  1. Document preparation and filing (weeks 1–2) – complete Form 8A (Application for Divorce), gather the marriage certificate and separation agreement and file at the courthouse.
  2. Service and waiting period (weeks 3–7) – serve the application on the other spouse by personal service or mail. The spouse has 30 days to respond if living in Canada (60 days if abroad).
  3. Court review (weeks 8–12) – once the response period passes, the file is sent to a judge. Most simple divorces are approved within 4–8 weeks.
  4. 31‑day waiting period (weeks 13–16) – even after the judge signs the divorce order, there is a mandatory 31‑day appeal period before the divorce is final.
  5. Certificate of Divorce – after the 31 days, you can request a Certificate of Divorce, which serves as legal proof that the marriage has ended.

2. Joint uncontested divorce

A joint divorce occurs when both spouses file together. Because there is no need to serve documents on the other spouse, courts consider the file complete at the outset. Joint applications are generally processed faster than simple divorces. The rest of the timeline mirrors the simple divorce: document preparation, court review, the 31‑day waiting period and the issuance of a Certificate of Divorce.

3. Contested divorce

If you cannot agree on parenting, support or property, the divorce becomes contested. Contested cases require additional steps, case conferences, motions, discovery, mediation, possibly trials, and can take one to three years or longer. Factors that lengthen a contested timeline include:

• Disputes over child custody, child support or spousal support.
• Complex assets, family businesses, multiple properties or international holdings.
• High conflict allegations such as abuse or neglect, which may trigger parenting assessments and additional hearings.
• Court scheduling, availability of trial dates and local backlog (major centres like Toronto and Newmarket often have longer waits than smaller courts).

Resolving disputes through mediation or collaborative law can reduce cost and delay. If you settle the contested issues through a separation agreement, you may then proceed with an uncontested divorce for the final order.

Step‑by‑step timeline for an uncontested divorce

The following timeline consolidates information from official guides and reputable Ontario family‑law firms. Use it as a roadmap; actual times vary by courthouse.

Estimated total duration: If the one‑year separation is complete and documents are error‑free, the entire uncontested process typically takes 4–6 months from filing to receiving the Certificate of Divorce. Without a completed separation period, expect 12–14 months.

Joint vs simple divorce: which is faster?

Joint divorces are collaborative from the start. Both spouses sign the application and waive the need for service, so the file can proceed immediately. Because there is no serving or waiting for a response, joint divorces often shave a few weeks off the total timeline and avoid miscommunications. In regions with court backlogs, a joint application may also be prioritized. However, the separation and 31‑day appeal periods still apply.

Court processing times and geographic considerations

Processing times vary by courthouse. Metropolitan centres such as Toronto, Newmarket and Ottawa typically have heavier caseloads, so uncontested orders can take 2–3 months for judicial review. Rural or smaller courts may process files in 4–6 weeks. Pandemic‑era backlogs and staff shortages have resulted in longer waiting periods in some jurisdictions. Calling the local court or checking its website can provide more accurate timelines.

Contested divorce timeline and key milestones

When disputes remain unresolved, the divorce follows the contested path. Typical milestones include:

1. Case conference: the court schedules an initial case conference to identify issues and encourage settlement. This may take place 3–6 months after the application is filed, depending on scheduling.
2. Financial disclosure & discovery: both parties exchange sworn financial statements and supporting documents. Gathering valuations for property, businesses and pensions can take several months.
3. Motions: either party may bring motions for temporary orders (support, parenting or disclosure). Motions must be scheduled with the court and may take weeks to months to be heard.
4. Settlement conferences: multiple conferences may be held to attempt resolution. If settlement fails, the court will set a trial date.
5. Trial: family trials are scheduled based on the court’s availability. In complex cases it can take several months to over a year to obtain a trial date, and several weeks to complete the trial with time for the judge’s decision.
6. Appeal period: after the divorce order is granted, the same 31‑day appeal period applies.

Because each contested case is unique, the overall timeline ranges from 1 to 3 years or more.

Factors that delay a divorce in Ontario

• Incomplete or incorrect paperwork. Missing signatures, incorrect service or incomplete forms lead to rejections. Even small errors can turn a 3‑month simple divorce into a year‑long ordeal.
• Waiting for the divorce clearance certificate. The Central Registry of Divorce Proceedings must confirm no other divorce proceedings exist. Delays in issuing this certificate can postpone the next steps.
• Court backlogs. High caseloads at busy courthouses mean longer processing times and delays in scheduling conferences and trials.
• Unresolved financial or parenting issues. Disagreements over assets, support, decision‑making responsibility or parenting time move a file from uncontested to contested status and can extend the process by years.
• Failure to disclose financial information. Full and honest disclosure is mandatory. Hidden income or complex assets require appraisals and expert reports, adding months.
• Child‑related disputes. Allegations of abuse or neglect or the need for parenting assessments require additional hearings and expert involvement.

Tips to speed up your Ontario divorce

1. Resolve issues early. Negotiating a comprehensive separation agreement or consent order before filing ensures the court is only asked to grant the divorce. Consider mediation or collaborative law to settle disputes.
2. Choose a joint application when possible. Filing jointly eliminates the need for service and the 30‑day response period, trimming weeks from the timeline.
3. Prepare documents meticulously. Double‑check every form and signature. Ensure you have the correct marriage certificate, affidavits and financial disclosures. A family lawyer or court‑form review service can catch mistakes before filing.
4. File in a less congested courthouse. If you and your spouse live in different municipalities, you may choose any courthouse where one of you resides. Filing in a smaller jurisdiction can reduce judicial backlog.
5. Stay responsive. Return phone calls and emails from your lawyer or court promptly. Responding quickly to requests for additional documents helps keep the file moving.
6. Be realistic about timelines. Even with perfect paperwork, the court must adhere to mandatory waiting periods and administrative processes. Plan accordingly and avoid last‑minute deadlines.

After the divorce order, finalization and the Certificate of Divorce

When the judge signs your divorce order, you are not legally divorced immediately. The order states that the divorce takes effect 31 days after it was made. This appeal period is built into the Divorce Act and allows either party to challenge the decision. Once the appeal window passes, you can request the Certificate of Divorce. 

According to the Steps to Justice guide, the certificate is your official proof of divorce and is necessary if you wish to remarry. You can obtain the certificate online through the Justice Services Online portal, by mail or in person at the court that issued the divorce. Expect processing times of a few days to a few weeks depending on the method and court backlog.

Conclusion

Going through a divorce in Ontario involves legal requirements and personal realities. The divorce timeline is shaped by mandatory separation, paperwork accuracy, court processing times and the willingness of spouses to resolve key issues. A simple or joint uncontested divorce, when prepared meticulously, can be finalized in 3–6 months, whereas a contested divorce may span several years. Whichever path you take, understanding the steps and proactively addressing potential delays will help you move forward confidently.

If you’re ready to start your uncontested divorce or need assistance drafting a separation agreement, contact a qualified family‑law lawyer in your area. An experienced lawyer can review your documents, advise on the best filing approach and help avoid costly delays so you can move forward with confidence.

Quick (FAQs)

How long does an uncontested divorce take in Ontario in 2026?

If the one‑year separation requirement is already complete and your documents are correct, an uncontested divorce usually takes 4 to 6 months from filing the application to receiving the Certificate of Divorce. Joint applications may be processed slightly faster, while errors or court backlogs can extend the timeline to 8 months or more.

How long does a contested divorce take and what makes it drag on for years?

Contested divorces in Ontario commonly last 1 to 3 years because unresolved issues must go through case conferences, motions, settlement conferences and possibly trials. Child‑related disputes, complex finances and the need for expert assessments significantly lengthen the process.

After the divorce order is granted, how long until I’m legally divorced?

You are not legally divorced until 31 days after the date of the divorce order. During this appeal period, the divorce order is not yet final. On the 32nd day, you can request a Certificate of Divorce as proof.

How long does it take to get a divorce order after filing?

In a simple or joint divorce, once the response period expires and the court has all required documents, the judge typically issues the divorce order within 4–8 weeks. In busy jurisdictions, it can take longer due to backlogs.

Does a joint divorce get approved faster than a simple divorce?

Yes. Because both spouses file together and no service is required, joint divorces often bypass the 30‑day response period and may move more quickly through court. The mandatory separation and 31‑day appeal periods still apply.

What delays a divorce in Ontario the most, paperwork errors or unresolved issues?

Both. Paperwork errors can result in rejected filings and months of delays. However, unresolved issues about children, support or property immediately convert an uncontested case into a contested one, extending the timeline to years.

Can I file before the one‑year separation is complete?

You may prepare and file your divorce application up to six months before the separation period ends, but the court will not grant the divorce order until the 12‑month period has elapsed. If you allege adultery or cruelty and provide proof, the separation requirement is waived.

How long does it take to get a Certificate of Divorce in Ontario?

After the 31‑day appeal period, you can apply for your certificate. Online applications through Justice Services Online usually provide the certificate electronically within a few days; in‑person or mail requests may take two to four weeks depending on the courthouse. A $25 fee applies and you must supply a copy of your divorce order.

Does the timeline depend on the courthouse (Toronto vs smaller courts)?

Yes. Family courts in metropolitan areas like Toronto, Newmarket and Ottawa typically have longer queues, so an uncontested divorce order might take 2–3 months to be processed. Smaller regional courts often process uncontested orders in 4–6 weeks. Backlogs fluctuate, so it’s wise to check with the specific court.

How can a lawyer help speed up an uncontested divorce filing?

Experienced family‑law lawyers ensure that forms are completed correctly, that required affidavits and certificates are included and that service is done properly. They can also advise on whether a joint application or alternate courthouse is advantageous and may negotiate a separation agreement to avoid contested issues. While legal services have costs, they often prevent delays that could otherwise add months or even years to the process.