Generally, the process can be 4 to 6 months. With the help of a divorce lawyer in Saskatoon Canada, you can finalise the divorce within 2 to 4 weeks.
Then again, it can take as long as 3 years!
You must be wondering now—why are there a variety of processing times that it takes to get a divorce?
Let’s find out that answer below and along with additional details on the divorce process, to help you know more.
What Are the Factors That Influence the Duration of Divorce?
There are several factors that determine the time you will finish the divorce process. The following 10 factors play a role in the duration of your divorce:
- Uncontested vs. Contested Divorce
Considering the understanding of you and your spouse, there are mainly two types of divorce: uncontested and contested divorce.
Let’s talk a bit about these two different scenarios of divorce.
- Uncontested Divorce
If both spouses can reach an agreement on key issues, such as: property division, child custody, support, and alimony, the divorce is uncontested.
- Contested Divorce
Unlike the upper circumstance, in a contested divorce, there will be disagreement on the above-mentioned matters. As a result, it gets complicated, so it can take longer for the parties and courts to sort out the disagreements.
- Residency Requirements
You know that there are different provinces in Canada. Additionally, family law will vary from province to province.
Keeping that in mind, there will be a variety of residency requirements among provinces. And you must know about the requirements and take steps to meet those conditions.
Also, you will only be able to file a divorce if you meet the requirements. And while you will be meeting the requirements, these will add some time in the complete duration of your divorce process.
- Separation Period
Like meeting specific requirements, as discussed in the previous factor, you need to comply with the condition of living apart.
How long do you have to live separately? Usually, it’s one year among the provinces. Regardless, it will vary, and it can range from several months to a year.
So, check the laws and requirements in the province you are living in to initiate a divorce.
- Court Caseload
There are a few things in the divorce process that won’t be in your control. For instance, meeting requirements and complying with certain conditions—these are in your control. But factors like caseload at a court are beyond your control.
Hence, it is important to be aware that there can be heavy workloads and backlogs in the family courts.
As a result, even if you initiate the divorce at the right time, you may not be able to complete the process within your desired timeframe.
- Legal Representation
As stated at the very beginning of the discussion, having legal representation or a lawyer by your side will ensure a faster divorce.
Adding to that, family law and the legal process will have details that everyone generally won’t understand clearly.
And there are some people who choose to self-represent themselves. The lack of a proper understanding of the divorce process could lead to delay.
Considering all that, if you think you are unsure about the legal procedure of your divorce proceeding, you can hire a family lawyer to get the divorce on time.
- Negotiation and Mediation Place
When you and your spouse are willing to sort out aspects like spousal support and property division outside the court, it will also reduce your divorce finalised.
But when you go to court to decide on the critical aspects of your divorce, the court will take some to review your case.
Consequently, this will prolong your divorce process.
- Parenting Arrangements
Agreeing on child custody and visitation arrangement can be complex. Thus, it will take time to decide something.
Most importantly, the court will focus on the best interest of your children. To identify the best interest of your child, the court reviews many more factors.
Only after that the court will approve your parenting arrangements and declare the type of custody.
- Division of Assets and Debts
This is another complex aspect of divorce. You see, even a small contention in a divorce can cause a lot of trouble.
Keeping that in mind, when it comes to financial matters, it can get even more complicated to resolve.
This factor will also lengthen your time to get an official divorce.
Final Notes
The time it’s going to take to finalise your divorce depends on how complicated it is.
Simply put, if your divorce is contested, it can take a long time. Conversely, if your divorce is uncontested, it’s clear that you will get the divorce certificate soon.
Then again, contested or uncontested, if you aren’t meeting the conditions to get a divorce, it will just make the process lengthier.
Many people take help from expert family lawyers to detangle sides of a divorce. This also contributes to getting a faster divorce.
There you have the reasons that can influence the duration of your divorce. We hope you can take the proper step accordingly now and start your divorce process.
