Can I Get A Divorce in Ontario Even If My Spouse Doesn’t Want To?
Absolutely! Getting a divorce does not have to be a unanimous decision. You can get a divorce whether or not your spouse is ready for that step. The process for doing so is a little different than that of a joint divorce, where both spouses apply together.
A divorce is the legal dissolution of your marriage. Unlike most other issues that may need to be resolved at the end of a relationship, a divorce cannot be granted by the agreement of the spouses. You must apply to the court for a divorce.
Do I Need to Get Divorced?
Some spouses separate at the end of their relationship without ever getting divorced. A divorce is not mandatory, but it may be a good idea. One of our Richmond Hill divorce lawyers can advise you on the legal ramifications of failing to get a divorce and ensure that you do not encounter any potential problems. If you and your spouse were legally married, then you will need a divorce before either of you can get married again.
Contested vs. Uncontested Divorce
If you decide that you want a divorce and your spouse does not agree, then you simply fill out the application for divorce without your spouse’s input. Your spouse has a chance to respond to your application. If they fail to respond at all, this is known as an uncontested divorce proceeding. If your spouse files a response that disagrees with some of the points you made in your application, this is known as a contested divorce proceeding.
Either way, your divorce will proceed.
Do I Need to Be Separated for A Year Before I Can Get A Divorce?
Most divorces in Ontario are granted on the grounds that the spouses have been separated for at least one year. There are other possible grounds, but they tend to be more difficult to prove, especially without the evidence of both spouses. There are always exceptions to this rule and your lawyer can help you to decide whether you need to be separated for a year before you can get a divorce.
How Can I Get A Divorce in Ontario Even If My Spouse Doesn’t Want To?
If you and your spouse do not agree to get a divorce, but you don’t require any additional orders from the court, such as child support or child custody orders, then you can file a simple divorce application. The procedures for a simple divorce are fairly straight-forward. You will file the appropriate forms and a copy of your marriage certificate. Once the application has been filed with the court, you have to serve a copy to your spouse. There is generally no need for the spouses to appear in court. You simply wait for the court to issue your divorce order.
The procedure becomes more complicated if your spouse contests your application or claims that they require additional orders from the court. This does not mean that the court will not give you a divorce, but it might take longer. The court will not grant a divorce until all outstanding issues relating to the spouses’ children have been resolved.
Contact Our Divorce Lawyers Today
If you are considering filing for divorce, our Richmond Hill divorce lawyers are here to assist you. Contact one of our divorce lawyers today to get started and let our legal team help you. Call 905-884-9242 today to chat with our legal team.
*Disclaimer: Each divorce is independent and unique, please be advised this blog does not constitute legal advice. We recommend that you consult a Blackburn Divorce Lawyer on this topic.