Divorce is not easy; it can be tough and emotional. A contested divorce is more complicated and takes longer since there are issues both parties do not agree on.
An uncontested divorce differs from a contested divorce, where the parties agree upon everything. In a contested divorce, some issues are in dispute between the two parties. These could be child custody, support, asset division, spousal support, and many other things, making it really hard.
Understanding how a contested divorce usually works in Canada will be important. Knowing what to expect may alleviate much stress, as you can make better plans.
This blog will cover factors that affect the length of time it takes for a contested divorce to occur and give a fair idea of what one can expect.
At Solutions Family Law Group, we understand the difficulties of contested divorces. We are dedicated to providing expert legal support to help you reach a fair and timely resolution. Our experienced family law team is here to assist you every step of the way.
Factors Affecting the Duration of a Contested Divorce
Understanding the contested divorce timeline in Canada requires examining several factors that may affect the length of the process. Every case of divorce is unique and lasts differently due to several key points:
Level of Conflict
The time it takes to settle a contested divorce depends on the level of conflict between the spouses. Where there is conflict on major issues, the time taken to settle will be longer, whereas cooperation will speed up the process.
Case Complexity
A divorce takes more time in a complicated case. For example, if both spouses have many assets to be divided up, such as real estate or investments, it will take longer to assess their value and equitably divide them between parties.
Matters relating to child custody and spousal support also slow the process, with disagreements over custody arrangements or how much alimony is to be paid taking center stage.
Court Backlog and Scheduling
These plans reduce the time spent in court because they spend less time in trial. Moreover, the availability of the court may increase the length of a contested divorce. A busy court will most definitely postpone some scheduled hearings, and limited court resources can also prolong the process.
Discovery Process
The discovery process involves the parties sharing a lot of information and evidence. This tends to take some time, especially if there is a good enough amount of paperwork involved or one party proves to be uncooperative. Scheduling expert witnesses can add up to delays concerning complicated issues.
Appraisal and Appeals Process
The divorce process can be lengthy if complex assets need an appraisal. Furthermore, this can be further delayed by disagreements over what property is marital or separate. If an appeal from either party on the court’s decision were made, that would further prolong the divorce process.
Typical Timeline for a Contested Divorce
There cannot be a generalized timeline for contested divorce procedures within the country, as they will differ with each case and geographical area. However, being informed of general stages and the average time required can help in realistic expectation setting. Legal procedures can take several months or even years to get over, and these vary across different provinces and territories, making things even more extended. This is where a person needs to understand the local customs and schedules of courts for smooth processing.
Initial Stage
In the first stage, your family lawyer will ask you to gather documents, which may take a few weeks. After that, the divorce papers must be formally delivered to your spouse, and you must confirm they received them.
The responding spouse usually has a few weeks to reply. They can either agree to the divorce or its terms or contest them. This response period can also be used in contested divorces to negotiate and resolve issues.
Court Proceedings
This stage has three parts:
Case Conference
This initial meeting with a judge is to discuss issues and explore settlement options. Scheduling this meeting can take a few months.
Motions and Interim Orders
If you need temporary orders for support or custody, this can add time to the process.
Discovery and Settlement Discussions
Lawyers from both sides will share financial information and negotiate, which can take several months.
Trial and Finalization
If there are still unresolved issues, a trial is necessary. Your lawyer will schedule the trial, which can be a year or more after the initial filing, possibly extending the divorce process beyond a year. If the judge makes a decision during the trial, you will receive the divorce, but it may take a few weeks to finalize.
Note: Every family law case is different, making it hard to predict the exact timeline. On average, a contested divorce in Canada can take six months and over three years.
Conclusion
A contested divorce in Canada is a long and complex process. From the filing to the final decision, the entire process depends on many factors. Knowing what you are dealing with helps you set your expectations better and, therefore, plan better.
The duration will also depend on the intricacy of the case, the level of cooperation between the married couples, and the local court schedules. Having a good lawyer is very important in handling these challenges.
At Solutions Family Law Group, our experienced family lawyers will help you through the process while diligently working to protect your rights and obtain a fair outcome as quickly as possible. If you are facing a contested divorce, please contact us for an appointment. Let Solutions Family Law Group be the advocate and support you need during this time.
FAQs
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1- Can you speed up a divorce in Canada?
You can speed up a divorce in Canada by following some steps. Choosing an uncontested divorce, where both partners agree on critical issues like child custody, support, and property division, is the best way to make the process faster. Good communication and negotiation between spouses can also help resolve conflicts quickly and reduce the need for long court battles. Mediation or arbitration can help reach agreements more quickly. Lastly, hiring an experienced divorce lawyer can ensure all paperwork is done correctly and on time, prevent delays, and make the process smoother.
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2- What is the waiting period for divorce in Canada?
In Canada, you usually need to be separated for one year before you can file for divorce. This shows that the marriage has ended. The one-year separation is the most common reason for divorce, but there are exceptions. If there is adultery or cruelty, you can get a divorce without waiting a year. Still, even in these situations, the legal process and court schedules can cause delays.
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3- How many years must you be separated to be legally divorced in Canada?
In Canada, you typically need to be separated for at least one year to be eligible to file for a divorce. This one-year separation period is the most common ground for divorce and serves as evidence that the marriage has irretrievably broken down. After completing this one year, either spouse can file for divorce, and the divorce can be granted if all legal requirements are met.
