If my Spouse Doesn't Want to Separate, Can I Still Get a Divorce?


It is a common misunderstanding that you cannot get divorced until your ex signs off on divorce papers.  If you are worried that you cannot get divorced because your ex refuses to accept your separation, don’t be: you can obtain a divorce without your ex’s cooperation.

In order to obtain a divorce, you must determine your Date of Separation.  Separation occurs the moment you tell your spouse that you want to separate, and that there is no reasonable chance of the two of you getting back together. For more on things you may want to consider before filing for divorce, click here.

In Ontario, being separated for one year is sufficient for you to apply for a Divorce, regardless of whether your spouse agrees.  So long as there are no other issues, such as Custody or Child Support, that must be addressed before a divorce is granted, a judge should grant your divorce once you file the correct paperwork with the courts.  

If all you want is a simple divorce, your spouse does need to sign any divorce papers.  Once your ex is served with your Divorce Application, and you file this document with the court, along with proof of service, you are on your way to obtaining your divorce.  There are certain procedural rules that must be followed to ensure that this is done correctly.

Contact us if you want to learn more about getting a divorce; our lawyers are here to help.