Going through a separation or divorce can be mentally and subjectively appalling. Most obviously, as in any legal procedure, it is, more than the hired counsels and lawyers, the interest of the parties involved at stake. However, the divorce process gets more complex if your spouse refuses to sign the divorce papers. Now, what?
Don’t fret! If your spouse is not signing the divorce papers that does not mean that your case is dead in the water.
This blog article will discuss the steps that you can take if your spouse is not signing the divorce papers.
Prove That Your Marriage Has Ended
In Canada, you do not need your spouse’s consent in order to get divorced. However, this does not imply that you can surprise your partner to sign the divorce out of the blue. Before getting the divorce papers signed by your spouse, it is in one’s best interests to familiarize the partner with your plan of initiating a divorce.
If you want a divorce but your partner is not complying with your decision to get a divorce, then first of all you need to prove that the marriage has fallen apart.
According to the grounds under the Divorce Act, you need to prove that your partner has committed adultery or done physical/mental cruelty to you. This is the most effective way for a court ruling to be announced in your favor.
What If You Don’t Know The Whereabouts Of Your Partner?
Just because you are unable to know the whereabouts of your partner, it does not mean that you won’t be entitled to obtain a divorce.
In cases where you cannot locate your partner, you are obligated to prove to the court that you have made all necessary efforts in finding your partner. The court will also ask if you have provided your spouse with the relevant paperwork for the papers to be signed. Once proven, a divorce can be granted.
Joint Divorce, Contested Divorce, And Uncontested Divorce
If both spouses agree to get a divorce, they can apply together by making a joint application. A joint divorce is an option that couples usually don’t go for, as a joint application is to be signed by both spouses as both of the spouses are applying jointly for a divorce.
For an uncontested divorce, when your partner is not signing the divorce papers after the passing of 30 days and you have taken all necessary steps to prove the breakdown of the marriage, then the court may make a ruling in your favor.
For contested divorces in Canada, the process can be fairly time-consuming and perplexing. First of all, you have to notify your spouse regarding the divorce. In such divorces, the courts prioritize sorting out the contentions over child support and decision-making responsibility, spousal support, and property division first and then grant a divorce.
We Can Guide You!
For a legal representation in your case, you can reach out to the Family Law lawyers at Ayaz Mehdi Professional Corporation.
Disclaimer: Kindly note that sending or receiving information through this site does not establish a solicitor-client relationship. Legal matters are fact-specific, and the law is variably changing. The views expressed and the content provided on this blog are general guidelines and cannot substitute for proper legal advice. Schedule your legal consultation by clicking here: Let’s meet!