Yes, You Can Get Divorced Without Your Spouse’s Agreement
One of the most common questions people ask when a marriage has broken down is simple:
“What if my spouse refuses to get divorced?”
In Ontario, you generally do not need your spouse’s agreement to start a divorce proceeding.
Either spouse can begin a divorce case by filing an application with the court. Ontario’s Family Law Rules specifically allow either spouse to start a divorce case by filing an application naming the other spouse as the respondent.
This means your spouse cannot necessarily prevent you from pursuing a divorce simply by refusing to sign the divorce application or saying that they do not want a divorce.
However, getting divorced without your spouse’s cooperation does not mean that the process is automatically simple.
If your spouse refuses to participate, does not respond, cannot be located, or disagrees with other family law issues, the case may require additional procedural steps.
Do Both Spouses Have to Agree to a Divorce in Ontario?
No.
Ontario recognizes both joint divorce applications and applications started by one spouse.
A joint application is used when both spouses agree to the divorce and the other family law matters they are asking the court to deal with.
If your spouse does not agree, you can generally start a sole application instead. Ontario’s Family Law Rules expressly provide for a divorce application naming the other spouse as the respondent.
This distinction is important.
You may be able to obtain a divorce even if your spouse does not want the marriage to end.
The more complicated question may be how to resolve issues such as:
- Child support
- Spousal support
- Parenting arrangements
- Decision-making responsibility
- Property division
- Equalization
- The matrimonial home
A divorce itself and the resolution of these related issues are not necessarily the same thing.
What Grounds Do You Need for Divorce in Ontario?
Under the federal Divorce Act, a court may grant a divorce when there has been a breakdown of the marriage.
The most common ground is that the spouses have lived separate and apart for at least one year immediately before the determination of the divorce proceeding.
The Divorce Act also recognizes adultery and physical or mental cruelty as other grounds establishing marriage breakdown.
For most couples, however, the one-year separation route is the most straightforward.
You do not need your spouse to agree that the marriage has broken down in order to rely on separation as the basis for a divorce.
What If My Spouse Refuses to Sign the Divorce Papers?
Your spouse generally does not have to sign a joint divorce application if you are proceeding with a sole application.
Instead, you can start the case yourself.
For a simple divorce application, where the only claim is for divorce, Ontario’s court guidance identifies Form 8A: Application (Divorce) as the applicable form.
Once the application has been issued by the court, the other spouse must generally be properly served.
The fact that your spouse refuses to sign does not necessarily stop the case.
What happens next depends on whether your spouse responds and whether there are other issues that need to be resolved.
What If My Spouse Does Not Respond?
Ignoring the divorce application does not necessarily stop the divorce proceeding.
After being served, the respondent has a specified period to respond. Ontario’s court guidance states that the deadline is generally 30 calendar days when the application is received in Canada or the United States, and 60 calendar days when it is received outside Canada or the United States.
If your spouse does not respond within the applicable time, the case may be able to proceed without their participation, depending on the circumstances and whether the legal requirements have been satisfied.
However, you should not assume that silence automatically means you are divorced.
The court still needs the required documents and information before a divorce can be granted.
What If I Cannot Find My Spouse?
This can make the process more complicated, but being unable to locate your spouse does not necessarily mean that divorce is impossible.
You may need to demonstrate that reasonable efforts have been made to locate and serve the other spouse.
The appropriate procedure can depend on the circumstances, including what information you have about your spouse’s whereabouts and what attempts have already been made to contact them.
If personal service is not possible, you may need legal advice about alternative methods of service or other procedural steps available under the Ontario Family Law Rules.
This is one situation where getting advice from a divorce lawyer can help prevent unnecessary delays.
Can My Spouse Stop the Divorce?
Your spouse can disagree with the divorce, but disagreement alone does not necessarily prevent the court from granting one.
The court must still determine whether the legal requirements for divorce have been met.
For example, if you are relying on the one-year separation ground, the Divorce Act requires the spouses to have lived separate and apart for at least one year immediately before the determination of the divorce proceeding.
Your spouse may also raise issues concerning support, parenting or property.
Those issues can make the overall family law case more complicated even if the spouse cannot simply veto the divorce itself.
What Happens If We Agree on the Divorce but Not on Money or Parenting?
This is an important distinction.
You and your spouse may both agree that the marriage should end while still disagreeing about:
- Child support
- Spousal support
- Parenting time
- Decision-making responsibility
- Property division
- Equalization
- The matrimonial home
In Ontario, a simple application can be used where the only claim is for divorce, while a general application may be required when other family law claims are being made.
This means you should not assume that an agreement to divorce automatically means that all family law issues have been resolved.
Before finalizing a divorce, it is worth understanding whether there are outstanding claims or obligations that should be addressed.
Can You Get an Uncontested Divorce Without Your Spouse?
There is an important distinction between an uncontested divorce and a divorce where your spouse simply does not participate.
An uncontested or joint divorce generally involves cooperation between the spouses.
If your spouse agrees to the divorce and the relevant terms, a joint application may be possible.
If your spouse does not cooperate but also does not respond after being properly served, the matter may proceed differently.
The terminology can sometimes be confusing, which is why the exact court procedure matters more than simply calling a case “uncontested.”
What If My Spouse Lives Outside Canada?
A spouse living outside Canada does not necessarily prevent you from obtaining a divorce in Ontario.
However, service and jurisdictional issues may become more complicated.
Under the Divorce Act, a provincial court generally has jurisdiction to hear a divorce proceeding if either spouse has been habitually resident in that province for at least one year immediately before the proceeding begins.
If you live in Toronto or elsewhere in Ontario and your spouse has moved abroad, it is worth getting advice about jurisdiction and service before starting the proceeding.
What Should You Do If Your Spouse Refuses to Cooperate?
If your spouse refuses to participate in the divorce, do not assume that you have no options.
Start by determining:
- How long you have been separated
- Whether you can establish the date of separation
- Whether you have children
- Whether support issues remain
- Whether property or equalization issues remain
- Whether you know where your spouse lives
- Whether there are existing court orders or agreements
These details can significantly affect the appropriate procedure.
If your situation involves more than the divorce itself, getting legal advice before filing may help you avoid procedural mistakes and understand what claims should be addressed.
Practical Takeaway
You do not necessarily need your spouse’s agreement to get divorced in Ontario.
If your spouse refuses to sign, does not respond, or does not want the divorce, you may still be able to start a divorce proceeding on your own.
However, the divorce itself may be only one part of the legal process. Parenting, child support, spousal support, property division and financial disclosure can create additional issues that need to be addressed.
Understanding the correct procedure before you begin can help you avoid unnecessary delays.
TCZ FAMILY LAW helps individuals and families in Toronto navigate divorce and other Ontario family law matters, including contested and uncontested divorce, parenting, support and property issues.
If your spouse will not cooperate with your divorce, contact TCZ FAMILY LAW to discuss your situation and understand your options.