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