Basics of Family Law
Separation and Divorce
How long does it usually take to get a divorce?
A divorce is easy and relatively quick to get - about six weeks from applying for a divorce to receiving the divorce order, if your reason for the divorce is that you have been separated for a year or more, and:
- you both agree that you want a divorce, and you are not asking the court to settle any other issues, such as custody, access or support (this is usually called an "uncontested" divorce), or
- you both agree that you want a divorce and agree on all other details, such as custody and support (this is called a "joint divorce action"), or
- you alone are asking for a divorce and for the court to settle other issues, such as custody and support, and your spouse does not dispute the divorce or any of the issues.
If, however, you are asking for a divorce because of cruelty or adultery, or your spouse decides to dispute the divorce or any other issues (this is called a "defended" divorce), it can take much longer.
Your divorce is automatically final 31 days after the court grants you a divorce order. You can re-marry only after the 31-day period has passed.
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