Dissolution Marriage With Without Child
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FAQ
So is it possible to get a divorce without the consent of my spouse in Canada? Under Canadian law, you do not need your spouse's consent to get a divorce. There are also very few ways your spouse can block you from getting a divorce.
You should follow a four-step process to get a one-sided Divorce in Canada. Simply file an application, serve it on your spouse, attend case management meetings, and participate in the trial. Once you complete these steps, the court will decide based on your spouse's statement.
Automatic divorce after a long separation in Canada is not legally possible. However, separation for more than one year can be used as a legal ground for divorce. Divorce in Canada is only possible by the official procedure of the court.
Separation is when you and your spouse have lived apart for at least 1 year before a divorce judgment is made by the court. You can start the divorce action during the 1-year period, but you must wait until the year has passed to file for a divorce.
You do not need the consent of your spouse to get a divorce in Canada. Divorce papers can be prepared and served on your spouse regardless of whether your spouse consents to the divorce and even if they object to a divorce for religious or cultural reasons.