Sadly, marriages break down, and in some cases, one spouse might refuse to consent to a divorce. Some might not admit that the relationship is over. Others might think that getting a divorce is against their core beliefs of marriage and refuse to give their consent.
However, if one partner wants to get a divorce, but the other doesn’t, it means that the marriage has fallen apart. In that case, the spouse who wants to get divorced can get the divorce without the agreement of the other.
Supposing you want to divorce, but your spouse doesn’t consent, you can still get divorced under certain conditions. Under Canadian laws, there’s no need to get your partner’s consent to get a divorce. You can prove the breakdown of your marriage by showing proof of adultery or mental or physical cruelty, for instance.
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However, if you file for divorce but you’re the one who committed adultery or cruelty and caused the meltdown of your marriage, then you and your spouse must stay separated for at least a year before applying for a divorce. That’s because you can’t use your negligence as the reason for the divorce.
In general, when divorcing, the best is to get your spouse’s consent and sign the divorce papers. However, if that’s not possible, read below to find out how to get divorced if your spouse doesn’t want it.
How To Get Started With Your Divorce
When starting with your divorce application, it’s always advisable to consult with an experienced lawyer who specializes in family law. A lawyer will tell you exactly how the law applies to your situation and advise you on how to protect your legal rights.
To begin your divorce application, you need to fill out the appropriate divorce forms for your territory or province. For example, you can only get an uncomplicated divorce in BC without your spouse’s consent if you first resolve all your other marital issues. Additionally, you will need to start a Notice of Family Claim at the BC Supreme Court because the provincial court is not entitled to grant you a divorce.
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The divorce forms in Canada vary from province to province, so getting a lawyer will help you fill out the needed divorce papers and be responsible for processing your divorce in your province. To start with your divorce proceeding, you need to take the following steps:
Determine The Grounds For Divorce
The first step is deciding on what grounds you will file for divorce. All provinces require that you provide a reason in your appeal for ending your marriage. Every state in Canada now has no-fault divorce, meaning you won’t have to prove someone was at fault to obtain this. Your spouse usually can’t contest this type.
Serve Papers To The Other Party
Once you have completed and filed your appeal, you must give notice. Each province has different regulations that govern when legally serving someone. You can contact the county court, a legal aid service, or a local legal counsel to figure out the provincial regulations. You need to make sure all statutory requirements are met. If incorrectly served, they can challenge it in court and momentarily block the proceedings. You may still get a divorce, but you will have to start the procedure all over again.
Wait The Required Number Of Days
After the other party has been served with the appeal, province law gives them a specified period to answer. If they file a timely response within the court, you commonly have to solve the issues in court as opposed to a settlement.
Ask For A Default Judgment
In case they ignore the papers and don’t file a response, you can contact the court and ask how you should proceed with the default judgment. Most provinces require filing a request and showing up at a hearing to testify that you have met the proper filing terms. A judge can grant your divorce if you have addressed all the terms and conditions.
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Proving Who Is Responsible
In Canada, under the Divorce Act, you don’t have to prove that your partner was at fault to ask for a divorce. If the reason you want a divorce is a marriage breakdown, characterized by one year of living apart, either of you can file for a divorce.
It doesn’t matter which one of you decided to leave. The law provides you the option of applying in the court together to ask to get divorced. Nevertheless, if the reason you are applying for a divorce is a marriage meltdown because of adultery or physical or mental cruelty, you will need to prove that happened.
Prepare For The Trial
If your spouse filed a timely response to the appeal, the court starts with the divorce proceedings. The court will oversee issues like division of property, custodial issues, child support, and alimony. So, gather all of the required documentation that you need to fulfill what you demand in the context of spousal support or else.
You also need to be able to prove the value of your assets, along with any potential unpaid debts. The court can use this to determine how to divide possessions equally. You may also write a proposition of a parenting plan for the custody of your children.
In general, if your spouse agrees, the court approves it. When both parties can’t agree on such issues, the court will make a decision that’s in the best interest of your child. If you consider yourself ready to take these steps, first discuss with your significant other before anything further. Once in a while, speaking out about the issues can help you make an agreement before beginning the divorce proceedings.
The marriage isn’t over unless a judge grants you a divorce order at the end of the procedure. Before you start with your divorce proceedings, you might want to consider if marriage counseling could help your relationship. Once you begin the formal divorce proceedings, you may stop the process at any time if you and your spouse want to rethink the option of reconciling.