Divorce can be a difficult process. Sometimes, only one of the spouses wants to get divorced. But how to get a one-sided divorce in Canada?
One-sided divorce can be a solution in complicated situations. Hence, it is possible to get a one-sided divorce in Canada. In this blog post, we will explain the one-sided divorce process and everything else.
What is One-Sided Divorce?
A one-sided divorce is referred to as an uncontested divorce. It is a divorce that the court grants if one spouse doesn’t agree with terms like child custody, support, or asset distribution. This means one spouse can file for divorce and obtain it even if the other spouse disagrees.
Is One-Sided Divorce Possible in Canada?
Can divorce be one-sided? Yes, one-sided divorce is possible in Canada. Canada has a no-fault divorce system. That means neither of the spouses has to prove that the other spouse is responsible for the marriage breakdown.
There must be two tasks completed for a one-sided divorce in Canada.
- One spouse demonstrates that the marriage has broken down
- He or she has to keep in mind that there is no reasonable prospect of reconciliation.
What Happens If One Spouse Doesn’t Want a Divorce in Canada?
If one spouse does not want a divorce in Canada, the other spouse can still file for divorce. This is the first step of the one-sided divorce process.
After that, the court will hold a hearing to determine whether the marriage has broken down. If the court finds that the marriage has broken down, it may grant the divorce even if one spouse does not agree.
Do Both Parties Have to Agree to a Divorce in Canada?
No, both parties do not have to agree to a divorce in Canada. One spouse can file for divorce and obtain it, even if the other spouse disagrees. If the other spouse does not agree, the divorce process may take longer and be more expensive.
How Long Does a Divorce Take if One Party Doesn’t Agree?
The one-sided divorce process takes time, depending on the relationship situation and understanding.
- It can be done instantly when both spouses agree to the divorce.
- If one spouse does not agree to the divorce, the process can take several months or even years.
What are The Steps for Getting a One-sided Divorce in Canada?
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.
File an Application for Divorce with the Court
You can apply for divorce with the Superior Court of Justice in the province or territory where you or your spouse resides. You can obtain the Application for Divorce form from the court clerk’s office.
Serve the Application for Divorce on Your Spouse
Once you have applied for divorce, you must serve it on your spouse. You can do this by personal service, registered mail, or publication.
Attend a Case Management Conference
If your spouse does not agree to the divorce, the court will schedule a Case Management Conference. This is a meeting between you, your spouse, and a judge to discuss the issues in your case and try to settle them.
Attend a Trial
The court will schedule a trial if you and your spouse cannot settle at the Case Management Conference. You and your spouse will present evidence to the judge at the trial. The judge will then decide whether to grant the divorce and, if so, what the terms of the divorce will be.
What are The Easier Ways to Get a One-Sided Divorce in Canada?
- Organize: Divorce can be complex, so it is important to be organized. Keep copies of your divorce-related documents, such as the Application for Divorce, the Case Management Conference Notice, and the Trial Notice.
- Negotiation: Even if you are getting a one-sided divorce, it is important to be prepared to negotiate with your spouse. This is because the court may order you to mediate or arbitrate your case before granting the divorce.
- Patience: Divorce can be a long and frustrating process. However, it is important to be patient and stay focused on your goal of getting divorced.
Conclusion
Getting a one-sided divorce in Canada can be a complex and challenging process. However, it is possible to get a divorce even if your spouse does not agree. If you are considering a one-sided divorce, speaking with a family lawyer to discuss your options and get legal advice is important.
FAQ
Can I get a divorce without my spouse in Canada?
Yes, you can get a divorce in Canada without your spouse's consent. Divorce is a no-fault system in Canada. None of the spouses needs to prove that the other spouse is responsible for the marriage breakdown. All that is required is that one spouse demonstrate that the marriage has broken down and that there is no reasonable prospect of reconciliation.
How Do I Get a Divorce Without My Spouse in Canada?
To get a divorce without your spouse in Canada, you will need to file an Application for Divorce with the Superior Court of Justice in the province or territory where you or your spouse resides. You can obtain the Application for Divorce form from the court clerk's office. Once you have applied for divorce, you must serve it on your spouse. You can do this by personal service, registered mail, or publication.
Can I get a divorce without going to court in Canada?
No, you cannot get a divorce in Canada without going to court. Despite this, there are some alternative dispute resolution processes. Using mediation and arbitration, you may be able to resolve the issues in your divorce without going to trial.
What is the new divorce law in Canada?
In 2021, the Divorce Act was amended to remove the terms custody and access and replace them with the terms decision-making responsibility and parenting time. This change reflected that both parents should have a meaningful role in their children's lives, even after divorce.
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