Can You Get A Divorce Without Consent From Your Spouse?

Divorce can be one of the most stressful situations for a family to endure. However, when only one spouse wants the divorce, it can become even more difficult and complex to navigate.

It’s important to know that it isn’t impossible though. You can get a divorce without consent from your spouse. The Divorce Act is a federal law, meaning that laws surrounding divorce are the same in Ontario as they are in all of Canada. Therefore, no matter where you reside in Canada, you do not need your spouse’s consent or approval to get a divorce.

However, to get a divorce, there must be certain criteria met.

  • You must be legally married in Canada or any other country
  • You have left your spouse already or intend to separate permanently. There is no possibility that you will get back together.
  • You and your spouse have lived in Ontario (or the province in which you are separating in) for at least 12 months preceding your divorce application.

Criteria That Must Be Met For A Divorce Without Consent

The above criteria are for regular divorce proceedings, where both spouses agree and want to get divorced. If your spouse does not agree to get divorced, there is some additional criteria that needs to be met.

If there are any children involved that will not be adequately supported financially, then a judge cannot grant a divorce to you alone. Judges also cannot grant a divorce to you alone if the spouse requesting the divorce is not removing religious barriers to re-marriage. Additionally, if neither spouse has lived in the jurisdiction for at least one year, it becomes much more complicated.

What Legally Acceptable Reasons Are There for Divorce? 

To get a divorce, you must be able to show that your marriage has broken down and you don’t intend to get back together. There are three eligible criteria for this: 

  • You and your spouse have lived apart for a year or more and both of you consider the marriage over. The application process can begin as soon as you separate from your spouse, but the court won’t grant the divorce until a full year has passed. 
  • Your spouse committed adultery and wasn’t forgiven for it upon its discovery. You are unable to request a divorce on the grounds of your own adultery. The adultery must include a physical sexual relationship. Emotional cheating doesn’t count. 
  • Your spouse has been physically or mentally abusive or cruel, making living together insufferable. You can’t request a divorce on the grounds of your own abuse.

In the case of adultery or physical or mental abuse, you must be able to prove it has happened in a court of law. These grounds are considered separately from decisions about child custody, support, or other factors. The spouse who didn’t file for divorce will be served with divorce papers. They must respond within 30 days.

How Do I Proceed with the Divorce?  

Before you proceed, it’s very important to consult a divorce lawyer. The divorce lawyer will inform you how the law applies to your unique circumstances and how to protect your rights.  

It’s important to consider more factors than just getting the divorce. You must consider what life is going to look like after the divorce is made official. This means considering how you’re going to support yourself and/or your family with only one income, helping your children through the change, and planning how you’re going to separate assets.  

To process a divorce, you must:  

It’s important to keep in mind that there are several costs involved in getting a divorce in Ontario. There are two different types of divorce – contested or uncontested. A contested divorce is when your spouse disagrees either with getting a divorce in the first place, or some of the terms within the divorce. An uncontested divorce is much easier, as both parties agree to both the divorce and its terms. It’s a good idea to speak to a divorce lawyer before proceeding, in either case.  

The eligibility for divorce remains the same in both cases. In Ontario, only one spouse needs to want the divorce and be able to prove grounds for it. A contested divorce is generally more expensive and takes longer to finalize.  

In these cases, both parties will hire a lawyer to plead their case in front of a judge. This judge will have the final say in how assets are divided, not to mention child custody agreements.

It is extremely important to consult with a lawyer in family law litigation circumstances. You will need someone who intimately knows your situation to properly represent you and litigate your case in court.

Divorce through litigation can be an expensive and lengthy process. The base cost for court fees in Ontario is roughly $583.70. This does not include lawyers’ fees, child support, or spousal support. That number just includes application and processing fees made to the court.

When Is A Divorce Finalized?

A divorce is finalized in Ontario once a judge grants a divorce order. You do not have to obtain a divorce certificate for your divorce to be finalized. However, if you are looking to remarry, then you must obtain a divorce certificate.

De Rose Lawyers Offers Family Law Litigation And Divorce Services To Families All Over Ontario.

At De Rose, we understand that divorces are not always amicable, and situations arise that make it impossible to work things out with a spouse. We are very sensitive to the delicate nature of divorces and relationships and will do everything in our power to work with you throughout the entire process to make it as painless and stress-free as possible.

In situations of family law litigation, it can be very difficult for all parties involved. That’s why we will be by your side the entire time, fighting for your rights and remedies, protecting your children, and always acting in your best interests.

No Matter Your Situation, De Rose Lawyers Is Here To Help.

We work tirelessly and passionately with every one of our clients, earning us a sterling reputation among the legal community.

Our team is dedicated to helping families by taking a personal approach with every client and ensuring your experience is a positive one.

We empower our clients by providing them with flexible appointments, affordable legal fees, valuable tools, and information every step of the way.