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In Canada, the federal divorce act governs the overall divorce process. Yet, the complete procedure and steps can vary from one province to another. So, divorce process timings can vary greatly as well.
How long does it take to get a divorce in Canada? It may seem that the process is taking forever to finish. But in reality, it is possible to estimate a period that the divorce process might continue. Although the overall time varies from case to case, it is possible to predict.
This article will look into the length of divorce in Canada. You will get a brief idea of the overall process. And eventually, you will be able to estimate how long a divorce can take in Canada.
A General Overview of Divorce
The first thing you should know is what divorce is. Divorce means legally dissolute a marriage. The Canadian Divorce Act oversees the complete divorce process and decides the criteria.
A typical divorce criterion is having proper grounds for divorce. In addition, you and your spouse need to be in a lawfully recognized marriage in Canada. If you meet at least these two criteria, you can file a divorce case to the Court.
The fault might not matter
The Canadian government has recently imposed a law regarding divorce. This law indicates and brings a new section called “no-fault divorce.”
According to the new law, it is not necessary to show who was at fault for the divorce. Both the parties involved do not have to point fingers at one another. They can just go ahead with the marriage when they seem suitable.
The exception of one year separation period
So, do you get an automatic divorce after a long separation in Canada? No, you don’t. The one-year separation period is particularly true for filing a “no-fault divorce.”
To seek a no-fault divorce in many jurisdictions, including Canada, you must live apart from your spouse for a year or more.
What if your partner has abused you physically or mentally? The one-year waiting period is not applicable. This means- if your spouse has committed adultery, you do not have to wait a year.
The Timeline to Get a Divorce in Canada
Divorce is the legal definition for the dissolution of a marriage. That implies you’ll have to go through the judicial system to get your divorce finalized. It also implies that you must adhere to certain rules and regulations to obtain a divorce.
But what about the divorce timeline? Well, it depends on several factors. Also, it takes different times for contested divorce to complete the divorce process.