How to Get a One-Sided Divorce in Canada?

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 with that unilateral divorce. 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.

What are the Challenges in One-Sided Divorce?

A divorce where one person gets the other’s property can cause many problems for the couple, any children involved, and the family as a whole. When one person gets divorced, the following are some of the main problems.

1. Emotional Strain on Both Parties

For the person initiating the divorce, it can be very hard on their emotions. They might feel bad or guilty about their choice, especially if they still care about their partner but feel that the marriage can’t go on. It’s also hard on the emotions to go through the process without the other person’s help. The emotional burden can be even worse for the partner who doesn’t want the divorce.

A strong emotional response may happen because they feel misled, confused, or angry. These thoughts can make it harder to talk to each other and make decisions during the divorce process.

2. Resistance from the Non-Filing Spouse

They could refuse to assist, postpone paperwork, or even challenge the divorce in court. The couple and their finances may suffer if the divorce takes longer due to this opposition. The spouse who does not wish to dissolve the marriage may also attempt to alter the outcome by arguing about issues like property distribution or child custody, which will prolong and intensify the process.

3. Legal Complexities

When two spouses cannot agree on important matters, a contested divorce may get complicated legally. Issues including child custody, asset distribution, and alimony may take longer to resolve when one spouse refuses to compromise. Long court hearings, mediation, and other formalities are examples of legal procedures that can increase case costs and lengthen the time it takes to complete.

In order to force the other spouse to accept a fairer settlement, one partner may attempt to prevent the case from ever beginning. This could make divorce considerably more challenging and result in further court issues.

4. Financial Stress

A split where one person gets all the money can put a lot of stress on finances. When there is a fight, the lawyers’ fees tend to be higher, and both partners may have to pay for their own lawyers and court fees. On top of that, arguments about divorce, child support, or how to split assets can lead to a long-lasting money fight.

Regarding alimony or child support, things can get very heated if one partner depends on the other for money. The spouse who doesn’t file may try to get a bigger share of the family’s assets or expect ongoing support, making things more expensive for both of them.

5. Impact on Children

A one-sided divorce can have very bad effects on children. The kids might feel trapped in the middle of their parents’ fights, which could make them feel bad. A spouse who doesn’t file may try to keep the other parent from being involved, which can cause stress that can hurt the kids’ health. Getting control of the kids is often one of the most contentious parts of a one-sided divorce.

Both parents may have strong feelings about child custody arrangements, which can make the court process take a long time and be hard on everyone involved.

6. Difficulty in Moving On

It’s possible for both people to be still having a hard time after the divorce is finalized. The partner who files might feel guilty or regretful, and the spouse who doesn’t file might find it hard to accept what’s happening. It may take time and therapy or counseling to help both people heal to move on mentally and practically.

Final Words

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.

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