In order to file for divorce in Canada you must first complete a full one year separation period. The only exception to this rule is if your divorce is filed under the grounds of adultery or cruelty.
Can you get a divorce without the other person signing in Canada?
Unfortunately, marriages break down, and in some cases, one spouse may refuse to agree to a divorce. They may not accept that the relationship is over. Under Canadian laws, you dont need to get your spouses consent to get a divorce.
How long must a couple be separated before divorce in Canada?
one year However, you and your spouse must have been living apart for at least one year before your divorce can be granted.
Can I get divorced after 5 years separation?
If you have been separated for 5 years you are entitled to apply for divorce, even if your spouse does not consent. Your spouse can only oppose the divorce if they can argue that ending the marriage would result in serious financial or other hardship.
Has a judge ever denied a divorce?
A judge will typically only deny an uncontested divorce if there are procedural matters that havent been done properly, something is unclear or confusing, or something is not in the best interests of the child. However in a contested divorce, you will often list a fault of one party or another.