Can I Get A Divorce Even If My Spouse Doesn’t Want A Divorce?

Can I Get A Divorce Even If My Spouse Doesn’t Want A Divorce?

Can I Get A Divorce Even If My Spouse Doesn’t Want A Divorce?

You do not need your spouse’s agreement in order to get divorced. If your spouse does not want a divorce, you are unable to file for a joint divorce, but there are other options available to you.

The best course of action for you and your family may depend on your particular circumstances. One of our Edmonton divorce lawyers would be happy to advise you with respect to the best way to proceed with a divorce, even if your spouse doesn’t want one.

Who Can Get A Divorce In Alberta?

In order to qualify for a divorce, spouses must be legally married. It is fine if you were married in another province or country, as long as either you or your spouse has lived in Alberta for at least one year at the time you apply for your divorce. If you were never legally married, you do not need a divorce.

In Canada, there are three “grounds,” or reasons, for a court to grant a divorce:

  • the spouses have been separated for one year,
  • adultery,
  • cruelty.

Living separately for one year is by far the most commonly pleaded ground of divorce. You and your spouse may continue to live in the same house after your separation for practical or financial reasons and still be considered separated for the purpose of obtaining a divorce.

Adultery or cruelty can be much more difficult to prove, especially without the cooperation of your spouse. If you wish to pursue one of these options, contact one of our Edmonton divorce lawyers as soon as possible.

How Can I Get A Divorce Even If My Spouse Doesn’t Want A Divorce?

How you proceed with a divorce will depend on what other issues need to be resolved and whether or not you and your spouse have children. A court will not grant a divorce until all issues related to custody, parenting arrangements and child support have been decided.

If you and your spouse have a written agreement with respect to all other issues arising from your separation, you can apply for an uncontested divorce. If you need the court to make a decision with respect to the division of family property, support, custody or parenting, then you can start an action that asks for the relief you need as well as a divorce.

If your spouse doesn’t want a divorce but is amenable to working out all the other issues, you may be able to come to an agreement using some form of Alternative Dispute Resolution, which may enable you to avoid going to court.

What Is An Uncontested Divorce? 

An uncontested divorce can enable you to get a divorce through a relatively simple process if you qualify. The basic steps are as follows:

  • fill out the required forms and file them at the courthouse,
  • have a copy of the forms served on your spouse,
  • file a request for divorce form and the required supporting documents,
  • wait for your divorce order.

Contact Our Edmonton Divorce Lawyers Today For Legal Help

Can I get a divorce even if my spouse doesn’t want a divorce? Of course, you can! Allow one of our Edmonton divorce lawyers to walk you through the process and help you determine whether you qualify for an uncontested divorce. Book a consultation with one of our Edmonton divorce lawyers or call us today by dialling (587) 410-2500.

*Disclaimer: Please note that this article is not intended to act as legal advice. For legal assistance with divorce matters, please consult an Edmonton divorce lawyer.

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