If your property division battle is dragging on for years but you desperately want to remarry, you can file a motion for a “Severance of Divorce” in Ontario. This legal mechanism splits your case, allowing a judge to grant your legal divorce immediately while the financial disputes continue in the Superior Court of Justice.
When a marriage ends, most people simply want to move forward and start a new chapter. Unfortunately, complex family court cases involving self-employed businesses, hidden assets, or fierce disagreements over the matrimonial home can keep a couple locked in litigation for years. 📝
Being legally tied to your ex-spouse while waiting for a trial date can prevent you from remarrying or achieving emotional closure. To solve this, the Ontario family court system offers a specific legal remedy known as “severing the divorce” from the corollary relief (the financial and parenting issues).
This guide will explain the step-by-step process of requesting a severance, the strict child support rules you must satisfy first, and how a judge decides whether to grant the motion. We will also discuss why hiring a local law firm is crucial to present this complex motion effectively.
Step-by-Step Process in Ontario
Whether your case is filed in London, Brampton, or Hamilton, severing a divorce is not an automatic right. A judge at the Superior Court of Justice must carefully review your request to ensure it does not unfairly disadvantage your ex-spouse. 📍
You must prove to the court that granting the divorce early will not cause severe prejudice, such as cutting your ex-spouse off from essential medical benefits before the final property trial.
Step 1: Ensure the One-Year Separation Period Has Passed
Before you can even ask a judge to sever the divorce, you must meet the fundamental requirement of the federal Divorce Act. You and your ex-spouse must have been living separate and apart for at least one full year. ❗
If you have only been separated for eight months, the judge has no legal authority to grant the divorce, severed or not. The separation timeline is strictly enforced.
Step 2: Satisfy the Child Support Requirement
This is the biggest hurdle. Under Section 11 of the Divorce Act, a judge must stay (pause) the granting of any divorce if reasonable child support arrangements have not been made.
If you have children, you must prove to the court that child support is currently being paid in accordance with the Federal Child Support Guidelines. If child support is still actively being fiercely debated and no interim payments are being made, the judge will almost certainly deny your motion to sever.
Step 3: File a Formal Motion for Severance
If you meet the requirements, you must formally ask the court to split your case. If your ex-spouse agrees, you can file a Form 14B (Motion Form) on consent. 💪
If your ex-spouse refuses, you must file a regular Form 14 Motion with a supporting sworn affidavit. In your affidavit, you must explain why you need the divorce granted urgently (for example, you are planning a wedding next month) and prove that severing the divorce will not harm your ex-spouse financially.
Step 4: Attend the Motion Hearing
A judge will review your motion at a brief hearing. Your ex-spouse will have the opportunity to argue against the severance.
If the judge agrees that child support is handled and there is no severe prejudice (like losing health insurance coverage that cannot be replaced), they will issue the Divorce Order. The property division and spousal support claims will simply remain active on the court docket for your future trial date.
How Much Does it Cost in Ontario?
Filing a motion in the middle of an ongoing family court case involves additional legal work. While the court fees are minor, the lawyer fees for drafting the motion can add up. 💰
Here is a breakdown of the typical costs associated with a motion to sever a divorce:
| Service / Action Type | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Filing a Notice of Motion | $160 (Court fee) | The moving party |
| Drafting Motion & Affidavit | $1,000 – $2,500+ (Lawyer fees) | Paid out of pocket |
| Attending the Motion Hearing | $500 – $1,500+ (Lawyer fees) | Paid out of pocket |
| Certificate of Divorce (Final) | $25 | The party requesting it |
If your ex-spouse opposes the motion purely out of spite with no valid legal reason, and the judge grants your severance anyway, the judge may order your ex-spouse to pay a portion of your legal costs for wasting the court’s time.
How Long Does the Process Take?
The speed of a severance depends on whether your ex-spouse consents. If you file a Form 14B motion on consent, a judge can often review it in chambers and grant the Divorce Order within 2 to 4 weeks. ⏱
If the motion is contested, you must wait for an open motion date at the courthouse. Due to severe provincial backlogs, scheduling a contested motion typically takes 2 to 4 months.
Once the judge officially signs the severed Divorce Order, you must still wait the mandatory 31-day appeal period before the divorce takes effect and you can request your Certificate of Divorce to remarry.
Frequently Asked Questions (FAQ)
Will a judge always agree to sever the divorce?
No. A judge will deny the severance if it severely prejudices the other spouse. The most common reason for denial is if one spouse has a serious medical condition and severing the divorce would immediately kick them off the other spouse’s extended workplace health benefits before the final financial trial occurs.
Does severing the divorce affect my right to spousal support?
No. When a divorce is severed, all other claims for corollary relief (like spousal support, property equalization, and decision-making responsibility) remain fully active and protected. You will simply litigate those issues as legally divorced individuals.
Can my ex stop me from getting a severed divorce?
Your ex-spouse can object and file a responding affidavit, but they must provide a valid legal reason (like unpaid child support or loss of medical benefits). They cannot stop the severance simply because they are angry or want to stall your new wedding.
Do I need my ex’s consent to file the motion?
You do not need their consent to file a standard Form 14 motion. However, if they do consent, you can use a faster, simplified process (Form 14B) which saves both parties thousands of dollars in legal fees and avoids a courtroom appearance.
Should I hire a law firm to sever my divorce?
Yes, highly recommended. Severing a divorce requires formal motion materials, sworn affidavits, and legal arguments referencing the Divorce Act. A local family law firm knows exactly how to draft these documents to satisfy the judge and prevent costly procedural delays.
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