Contact a lawyer now

Family Lawyer Winnipeg Blog

Can You Get a Divorce without the Other Person Signing in Canada Featured Image

Can You Get a Divorce Without The Other Person Signing in Canada

The number of divorces is getting higher day by day. There will be countless reasons people get no choice but to end a relationship like marriage. Be it a good decision or a wrong one, an end should be mutual and gracious from both ends.

It is not easy to decide on a divorce. In the same way, a person doesn’t want to prolong an extra second after they have made up their mind. But, not necessarily the other person will welcome it with a calm mind.

No one wants more strain in life. Consequently, people always look for an easy way to walk under the law but as little as possible through the legal passage. But, nothing is always easy.

Anyway, the answer to the question will speak a lot about it- can you get a divorce without the other person signing in Canada?


What If a Husband Or a Wife Refuses To Divorce?

It’s not surprising that among 2 people, a person has the belief that divorce is the only solution. The other spouse may differ and believe otherwise. That may make the process a little bit longer.

Let’s see what could be the situations and solutions to them.


One Gets To Prove The Marriage is Broken

It is already an indication that the relation cannot be repaired while there is a conflict between husband and wife on getting a divorce or denying it. There are several conditions and a straightforward one. Once the applicant proves that the other spouse is associated with adultery or physical or mental torture, the court grants it right away.


Locate Your Spouse If She Is Not in Touch

It should be the first effort to get the spouse’s consent on the divorce paper. The person may not be around or easy to find. There is also the possibility that s/he is not responding and the time limit is over.

This matter goes on the favour that the other spouse was unavailable during the timeline by the court. The court might grant the divorce after the scrutiny that there was no lacking in contacting the other party.


Uncontested Divorce

If it is so that the other spouse has no response to the file for divorce, that will be considered as an uncontested divorce. The applicant can ask the court by mentioning that there was no response to the claim while it was an opportunity. The court usually assumes this as a green signal. So, without any denial, the matter is settled.


Contested Divorce

It denotes the divorce when one or either spouse has no consent to some issues or all issues regarding divorce. As a divorce paper is filed, the other spouse receives notice of it. That leaves the chance to claim against some issues or even claim for oneself. Or, it can be against the divorce itself.


Take Legal Delp

There is no need for a divorce lawyer in general, and one can do that alone. But isn’t it best to take professional help? It’s because a family lawyer who is a divorce specialist has the ability to bring the best out of your case. No doubt, a lawyer is completely aware of what’s coming towards you and what you should be prepared for.

The discussions above don’t indicate that you cannot get a divorce without the other person signing. Rather, it is glaring that it is verily possible. Just some situational factors lead a person towards different strides.
What happens next if the divorce takes place against the other spouse’s consent?

It’s always the best for a person to be prepared for the worst. The ex-spouse might be okay with the divorce. Yet, there are still issues why they could come back, such as child custody or property matters.

As no one can think of fighting it alone, consider having your lawyer, especially if the other party follows a procedure. A contested divorce can take a lot of money from your pocket with some of your valuable time.

Any legal action against contested divorce allows going with an agreement. So, it’s not the end of the story or the beginning of any big hassle as it seems at first.

But, being unable to reach an agreement will result in a trial you don’t want to go through. It can take a lot of money. So, it’s better to be aware from the very beginning.



The denial from one spouse won’t leave a sheet white.


Money and Time

If a spouse is not agreed to divorce, there is no way left for the other one other than filing the divorce case. In that case, the person has to come with strategies thinking about the possible impact of that. It will also probably take more money than from the other one’s pocket. Besides, the divorce procedures will kill your time.


The Other Party Gets The Advantage

A divorce claim discloses all the demands or complaints or the overall voice. Thus, the second spouse gets a stronger stand. It’s a point to think over before a divorce application.


Issues That Occur After a Contested Divorce (Against a spouse’s will)

Literally, a divorce is the beginning of a new life that will carry multiple consequences for a long time, sometimes forever. It becomes obvious if one of the spouses is not agreed mutually about the divorce.

Thus, a spouse may face issues regarding-


Property Distribution And Child Support

The family property is shared among the separated couples. The bitterness in divorce also spoils the naturality of it. Who should have the sound mentality to follow the legal bindings and responsibility after such a mess in life?


Child Custody

The most affected are the children after their parents are divorced. Without a smooth ending, it is not a trouble-free job to come up with a child-friendly agreement. That could ruin their living. A parent cannot accept or even imagine such misery for their children who need both their father and mother.


Final Words

If it’s the divorce, it’s not yet the end. A person going through a divorce without their spouses will only know what not may bubble up and make their life harder and challenging. So, it is always the right choice to reach a mutual understanding.

So, yes. You can get a divorce without the other person signing. But try to avoid conflict for the sake of everyone.



Do Both Parties Have To Sign Divorce Papers in Canada?

It is not necessary that both parties have to sign divorce papers. The principal concern is to prove it is not possible to carry with the marriage that is evident as broken.

Can You Get a Divorce If One Party Refuses To Sign?

Yes. It is possible to get a divorce if one party refuses to sign. In some cases, the process may seem difficult or impossible. Certain circumstances make it possible. The spouse may require some evidence to submit before the court.

Can My Husband Divorce Me Without Me Knowing?

It is not viable or logical in some senses to divorce a wife without her knowledge. Normally, the process of divorce is itself a mutual understanding.

In the case of a divorce, the 2 parties need interaction, which is essential. At least, the matter requires notification from one end.

How Long Do You Have To Be Separated Before Divorce is Automatic?

Being separated for years doesn’t end a marriage. It is only possible when any one of or both husband and wife want a divorce. That time a 1-year separation may work as a factor.