There are certain marriages in which one spouse does not want a divorce, even though it is clear that the couple is no longer compatible. Because of this, you might have no choice but to go through with an uncontested divorce.
In the case of a one-sided divorce in Canada, only one of the partners wants to end the marriage, but they cannot convince the other to agree to the split.
Can I Divorce My Spouse Without Their Knowledge?
Under certain conditions, the court has the authority to issue an order even if one of the spouses does not want a divorce. There are methods for you to be legally divorced even if your spouse disagrees with the decision to end your marriage, provided that certain conditions are met.
What Happens if I Can’t Locate My Spouse?
Even if you have been unsuccessful in locating your spouse and convincing them to sign the divorce papers, you may still be able to acquire a divorce.
However, you will be required to present adequate documentation demonstrating that despite your best efforts, you have been unable to identify your spouse’s location after exhausting all your search options. You must keep a log of each activity you’ve done in hopes of finding your mate.
If your spouse is unavailable, you are legally permitted to initiate the divorce process by filing for a court order. The court will consider all of the material that has been submitted, and it will be able to issue the divorce only if there is sufficient proof that you have made every effort to locate your spouse.
Filing for a One-sided Divorce
If your spouse does not want a divorce and refuses to sign the divorce papers, one of the measures you might take is to file for divorce based on the grounds of adultery or cruelty.
To get a divorce, you have to prove that your spouse committed adultery or acted cruelly toward you, which led to the dissolution of your marriage.
On the Grounds of Adultery
To obtain a divorce based on the grounds of adultery, you will need to provide evidence that an affair took place. If one partner in a marriage has sexual or physical contact with a person who is not their partner, this behavior is considered adultery.
Even if you only suspect that your partner cheated on you, this will not be sufficient grounds for a divorce. You must have a solid piece of evidence that proves your assertions. In the divorce petition, you don’t need to reveal the identity of the person participating in the affair as a third party.
Bear in mind that proving adultery can be challenging, and it may take longer for the court to issue a divorce, especially if a hearing is necessary to establish the grounds for the divorce.
On the Grounds of Cruelty
If your spouse has behaved in a way the courts deem cruel, you may be allowed to apply for a divorce even if your spouse does not want it. The following are some examples of common behaviors that are considered cruel:
- Mistreatment of the body
- Frequently causes the other to get sexually transmitted diseases (STDs)
- Abusive or insulting remarks
- Neglect; no provided adequate justification for being out of the house for extended periods
- Humiliation
- Threats of physical conflict
In order to be awarded the divorce, you will need to establish that the act of cruelty was severe enough and that it contributed to either mental or bodily harm to the other person.
What if Your Spouse Didn’t Respond on Time?
Is it possible to proceed with the divorce even if one of the parties refuses to sign the necessary paperwork or does not answer within the allotted time?
Your spouse will have a short time to reply after the divorce papers have been served. If the spouse who was served declines to sign the documents, the spouse who applied may petition the court to accept it because the other spouse did not object to it. This is because the other spouse was not served with the paperwork.
When this occurs, the court will assume that the other spouse either accepts the divorce or has no view of the procedure. In this scenario, you have the option of pursuing an uncontested divorce.
What to Anticipate During an Uncontested Divorce
When just one spouse files for divorce and the other does not reply within the required time span of thirty days, the divorce is deemed to be uncontested.
As soon as the allotted time has passed, the spouse who first initiated the divorce proceedings has the right to ask the court to grant the divorce because the other party did not answer the documents.
The procedure for a divorce in which there is no conflict offers several benefits. Because it is presumed that the other spouse agreed to the conditions of the divorce, you will save both time and money because there will be no need to appear in court for any hearings related to the divorce.
Lastly, because they are often settled considerably more quickly than contentious divorces, uncontested divorces are typically less emotionally demanding for both parties involved.
Disagreement on Terms
There are certain instances in which both partners in a marriage may concur on the decision to break the union. Still, they may be unable to come to terms with ancillary concerns like child custody and financial support. This may make one spouse no longer want a divorce.
In this particular scenario, the judge has the authority to terminate the divorce. This only indicates that the courts will be able to grant the divorce even while the repercussions of the split are still being worked out.
Severing divorce is a technique for couples who want to dissolve their marriage to end it more quickly and feasibly.
At Chapman McAlpine Law, our experienced lawyers are/divorce-lawyers/what-to-do-when-your-spouse-rejects-divorce aware that the divorce process may be a difficult and upsetting experience for their clients. The other spouse may not agree or want the divorce, but it will still go through as long as the necessary paperwork is filed and the waiting period has passed. Consult with our team today. They will work with you to ensure that all aspects of the divorce, including the division of assets and custody arrangements, are handled fairly and efficiently.
