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Can I get a divorce in Canada without my spouse?

July 25, 2019

Solved3.14K viewsSteps to Divorce

Can I get a divorce in Canada without my spouse?

Question is closed for new answers.

Yes. Under Canadian law, if your spouse wants a divorce it is not necessary for him or her to get your consent. The federal Divorce Act specifies the criteria that qualify you to get a divorce, namely: 1) living separate and apart from your spouse for at least one year; and 2) the presence of certain circumstances involving either adultery, or cruelty.
None of these grounds involve obtaining your spouse’s consent.

With that said, whether or not your spouse agrees to the divorce, a judge may still refuse to grant one in limited circumstances, the most common being that you and your spouse have failed to make adequate provision for the well-being of any children you have together.

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