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Family

Can I get a divorce in Ontario even if my spouse refuses to cooperate?

TSL Written by the Treadstone Law team· Updated June 2026

Yes. You do not need your spouse's agreement or cooperation to obtain a divorce in Ontario. If your spouse refuses to participate, you can file a sole divorce application naming them as the respondent. Once the application is filed, your spouse must be personally served with the documents. They then have a set period to respond.

If your spouse does not file a response, the divorce can proceed without them — the court will not simply dismiss your case because the other party is absent. Once the one-year separation requirement is met and no outstanding child support issues exist, a judge can grant the divorce order.

Where things get complicated is if your spouse contests not the divorce itself but the accompanying issues — parenting, support, or property division. The court can separate these: you may obtain the divorce even while property or support matters are still before the court, though a judge will generally want to see that child support arrangements are in place first. Speaking with a lawyer helps you navigate the procedural steps to keep the divorce moving even if your spouse is uncooperative.

Key takeaways

  • A spouse's refusal to cooperate does not block a divorce in Ontario.
  • Your spouse must be personally served with the court application.
  • If they don't respond, the divorce proceeds by default.
  • The court will want child support arrangements in place before granting the divorce.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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