What if my spouse refuses to cooperate with the divorce?
A spouse who refuses to participate cannot stop a divorce. After one year of separation, you can proceed with a divorce application even without the other party cooperation. If they do not respond, the court can proceed in their absence and issue a Default Judgment.
Key Points
You can proceed with divorce even without your spouse cooperation. Ontario courts do not require both parties to consent.
After one year of separation, if your spouse refuses to participate, the court can issue a divorce order in their absence — called a Default Judgment.
Detailed Answer
Ontario courts do not require the consent of both parties to grant a divorce. The 《Divorce Act》 entitles either spouse to apply for a divorce after one year of separation, regardless of whether the other party agrees.
If your spouse is served with the divorce application and fails to file an Answer within the required time (30 days if they are in Ontario; 60 days if they are outside Canada), they can be noted in default. Once noted in default, you can proceed to seek the divorce order without further participation from your spouse.
The court will review your materials and, if satisfied that the one-year separation requirement is met and there are no other barriers, will issue the divorce order.
One important nuance: obtaining the divorce order is one thing; resolving property division, support, and parenting issues is another. Even if you get the divorce, outstanding family law issues can still be brought before the court by either party. Dealing with these issues proactively — ideally through a separation agreement — is strongly recommended.
For advice on how to proceed when your spouse is uncooperative, contact Miao He at 647-930-6688.
Still have questions?
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