Starting point: When can you file for divorce?
- Separation: The spouses have lived separate and apart for at least one year before a divorce judgment is rendered.
- Adultery: One spouse has committed adultery.
- Cruelty: One spouse has subjected the other to physical or mental cruelty, making continued cohabitation intolerable.
What does this mean for timelines?
- Adultery or cruelty: If the divorce is based on adultery or cruelty, proceedings can begin immediately. That means all necessary documents can be filed with the court right away.
- Separation of one Year: If the divorce is based on a one-year separation, you can begin preparing the documents in advance. However, the official application can only be filed once the one-year period has been completed. This waiting period gives both spouses time to reflect and potentially reconsider their decision before finalizing the divorce.
How long does it take to prepare the divorce documents?
The time needed to prepare all necessary documents depends on the complexity of the case. At Spunt & Carin, we typically require about two weeks to prepare an average divorce application. In urgent situations, we can expedite the process and complete everything within a few days.
Once filed at court, how long until a judge reviews the file?
Uncontested (Amicable) Divorce: If both spouses agree on all aspects of the divorce (including custody, child support, spousal support, and division of property), the file is considered uncontested. In these cases, it generally takes 3 to 6 months for a judge to review the file and issue a divorce judgment.
Note: Any errors or missing information can delay the process. That’s why it is essential to ensure the application is complete and properly prepared.
Contested Divorce: If one party contests any part of the divorce, the case becomes more complex and typically requires a court hearing. Due to the current backlog in the Quebec court system, it can take up to 2 years to schedule a trial date. During the hearing, both parties will have the opportunity to present their case before a judge.
What if there is an urgent situation?
In situations involving urgent matters, such as concerns about a child’s safety, protection of assets, or immediate living arrangements, a safeguard order can be requested. This allows for temporary measures to be put in place within a matter of days, pending the final divorce hearing.
At Spunt & Carin, we will assess your situation and advise whether an urgent application is appropriate and what steps to take to protect your rights.
Final advice
If you’ve received divorce papers from your spouse or are considering initiating proceedings, don’t wait. Early legal advice can make a significant difference in both timelines and outcomes.
Contact Spunt & Carin today to schedule a consultation. We’re here to guide you through the process with clarity, efficiency, and care.
