Can My Spouse Stop the Divorce If I File Alone?
Under Canada’s Divorce Act, you can file for divorce on your own, and your spouse cannot legally prevent it if the legal grounds are met. They may cause delays, but they cannot block the process entirely.
If you’re in a situation where separation and eventually divorce is necessary, Canadian law is your ally as long as you meet their requirements.
In this blog, we walk you through grounds for divorce, your spouse’s rights and limitations, and how to handle court delays.
Divorce Law in Ontario – Filing Without Consent
In Ontario, divorce is governed by the federal Divorce Act. This law applies across Canada and does not require both spouses to agree to end the marriage. One spouse can start the process by filing an application with the Superior Court of Justice.
You must have legal grounds to divorce. These are:
- One year of separation (most common)
- Adultery by your spouse
- Physical or mental cruelty
You can even start the application before the full year has passed, as long as the separation period is completed before the court grants the divorce.
Rights and Limitations of Your Spouse
If you file for divorce alone and meet the legal requirements, your spouse cannot:
- Stop the court from granting the divorce
- Block the process by refusing to sign documents
- Prevent the divorce by withholding agreement
However, your spouse can take actions that slow things down, such as:
- Avoid service of divorce documents
- Dispute parenting time or custody arrangements
- Challenge child support amounts
- Contest property division
Common Delay Tactics and How Courts Handle Them
Delays can happen when a spouse uses procedural tactics instead of addressing the core issues of the divorce. While these actions can be frustrating, Ontario courts have ways to manage them and keep the process moving.
Here are some common delays:
- Avoid service of divorce documents – Ontario courts may proceed with an uncontested divorce
- File unnecessary or repetitive motions – Courts can dismiss them and manage timelines to prevent delays
- Dispute minor issues unrelated to the marriage breakdown – Judges can limit irrelevant claims to keep the case on track
- Attempt to re-argue settled matters – Courts can refuse to revisit resolved issues and move forward with the divorce
Steps to Protect Your Divorce Timeline
If you want to avoid unnecessary delays, ensure that you serve your divorce documents according to court rules and keep proof of service. File all required affidavits and forms promptly.
If your spouse uses delay tactics, seek legal advice quickly so you can ask the court for appropriate orders.
When a spouse does not respond at all, you may request an uncontested divorce order, which allows the process to move forward without their participation.
While the timeline may still be affected by court scheduling, this approach prevents unnecessary waiting.
Your Divorce Lawyer in Etobicoke
As experienced divorce lawyers in Etobicoke, we handle everything from filing your application to addressing delays and disputes. We also handle child support, spousal support, property division, and separation agreement as part of your case.
Please reach out to us for a consultation.
