The divorce process can be both mentally and emotionally draining and is often not an easy decision to make.
If you do decide that a divorce is the best way to move forward, you will likely have a number of concerns. One of the more common questions couples ask is, how long the process will take. The answer to this will vary because every situation is different, so it will depend on the kind of divorce application you are starting. There are different types of applications, and learning about them will provide you with a better understanding of how long a divorce will take, so consider the following:
An Uncontested (Simple) Divorce
This applies whenever one party applies for a divorce, and the other party chooses not to respond or does not contest the application. In these types of situations, the couple is agreeable to the divorce, so it can be applied as a joint divorce, and once all of the required documentation is filed in court, it would take approximately one to three months to obtain the divorce order.
Couples who have already finalized a separation agreement to address the issues arising from their marriage and separation can easily obtain a simple divorce, without the need to go to court. Although all divorces are granted by the Court, a Simple Divorce takes place “procedurally”, meaning once the appropriate paperwork is filed, there is no need to go to court.
This is when one of the parties does not consent to the divorce, or where there is no agreement about how the issues arising from the separation (for example, property and debt division, child support, spousal support, etc.) should be resolved. In this situation, one party files an Application, and the other party has 30 days to file their response, as well as to make any claims of their own. The matter moves through the court process and can take anywhere from eight months to a few years to resolve, depending on the issues at hand and the severity of the disagreements. When couples do not see eye to eye, the matter often drags on, and the process takes a lot longer to resolve, which increases costs. Having the benefit of frank and realistic legal advice during a litigation process can save a client thousands of dollars, as realistic expectations can often lead to an early settlement agreement, even in a contested divorce.
This type of divorce will not legally end a marriage, but some religions will require this type of divorce if you wish to remarry within the religion. Courts do not provide religious divorces, so parties who wish to obtain this type of divorce must go through their place of worship or religious organization.
Here at Lloyd & Kemper Family Lawyers LLP, we understand that every situation is different and that every couple is unique. Divorces can be very challenging, but we will guide you through the process to help you close this chapter and move forward in a positive way.
We practice exclusively in the areas of family law, including divorces, custody and access, and support issues, and can help you through this difficult time. Our firm will provide you with the best lawyers in the Durham region, so if you are in the Ajax, Whitby or Oshawa areas, give our office a call today.