How do I get a divorce in Newfoundland and Labrador if my spouse won't sign or can't be found?
This answer covers the law of Newfoundland and Labrador.
You don't need your spouse to sign anything to start a divorce in Newfoundland and Labrador, because you can file an Originating Application on your own. Filing jointly with your former spouse is also possible.
The other party then responds. If the application is uncontested, the process is simple; if it is contested, you must prove your claims. The court must be satisfied there has been no collusion and that reasonable arrangements have been made for support of any children. The usual ground is one year of living separate and apart, and you can start before that year ends as long as it is complete when the divorce is determined. Either spouse must also have been habitually resident in the province for at least one year before the proceeding starts.
Exactly how papers must be delivered to a spouse who ignores them or cannot be found, and whether a court will allow another method, depends on the court's rules and your circumstances. A lawyer can confirm the steps. Once a judgment is signed, the divorce takes effect on the thirty-first day after it. If you also need orders on parenting or support, a judge can make them together with the divorce.
Key takeaways
- You can file an Originating Application on your own, so your spouse's signature is not required to start a divorce.
- If your spouse does not contest the application the process is simple, but if they do contest it you must prove your claims.
- You can start the application before the one-year separation ends, as long as the year is complete when the divorce is determined.
- How papers reach a spouse who ignores them or cannot be found depends on the court's rules and your facts, so confirm the steps with a lawyer.