The separation and divorce process is stressful enough as it is, and a spouse refusing to sign the divorce papers can make it more overwhelming. While Statistics Canada highlights that around one-third of Canadian divorces are the result of a joint filing, sole filers can still obtain a divorce.
There are clear regulations for spouses facing a contested divorce in Canada, and working with an experienced family lawyer is the best way to streamline the process.
What Happens If a Spouse Won’t Sign Divorce Papers?
There are protections in place for those with spouses refusing divorce in Canadian law. Canada’s Divorce Act does not require consent from both spouses if the filing spouse can demonstrate that the marriage is beyond repair through three main qualifiers:
- Living separately for at least a year
- Adultery
- Physical or mental cruelty
Typically, separation for one year is adequate evidence of irreparable issues even for a contested divorce in Canada. While refusal to sign can delay the process somewhat, it is not an insurmountable hurdle, and the proper legal support can make it easier to overcome.
Canadian Divorce Refusal Process for the Filing Spouse
When facing an uncooperative spouse, it is best to work with an attorney, particularly in dangerous situations where interacting with your spouse may be physically or psychologically unsafe.
The filing process begins when you serve divorce papers, either personally or through a process server acting on your behalf. If your spouse is evasive, you can apply for a substituted service to notify them through email or a public notice.
After serving the papers, you must prove the breakdown of the marriage through documentation of separation for at least a year or evidence of adultery or cruelty. Settlement negotiations may then begin, but if one spouse refuses to negotiate or an agreement isn’t met, an uncontested divorce is not possible.
From there, you may need to file a contested divorce (which refers to any non-mutual filing where one spouse disputes factors such as child custody or property division. These divorces typically require court hearings and mediation by a judge.
If you cannot locate or contact your spouse and provide evidence of your attempts to locate them, you may qualify for a default divorce judgment in Canada.
Trust Pier Law & Mediation To Navigate Your Divorce
Pier Law & Mediation offers legal counsel to Canadian couples seeking legal separations and divorces. Whether you’re facing a spouse who refuses to sign divorce papers or want to file for mutual separation, our experienced lawyers can help.
For support with your divorce, contact us online or call 604-560-8285 today.
Contested Divorces FAQs
As an uncooperative spouse can make the divorce process more complicated, our knowledgeable lawyers answer some of the most common questions we hear.
Can I Get a Divorce If I Cannot Contact My Spouse?
In Canada, it is possible to get a divorce if you cannot contact your spouse. These are called “divorces by default,” and you must demonstrate reasonable efforts to contact your spouse as well as evidence of irreconcilable differences.
Do I Have To Prove Infidelity or Abuse To Get a Divorce?
You do not need to have experienced (or provide evidence of) cruelty or infidelity to get a divorce. Often, providing documentation that proves you and your spouse have been living separately for at least a year and are experiencing an irreparable breakdown is enough.
Do I Need a Lawyer for a Spouse Who Won’t Agree To Divorce?
While no Canadian law requires you to get a lawyer, it is in your best interest. Legal support makes navigating the filing and negotiation processes much easier and becomes critical if your contested divorce requires a hearing.
