Can I Get a Divorce in Ontario If My Spouse Doesn't Want One?

Yes. Your spouse does not have to consent to a divorce in Ontario, and no minimum length of marriage is required. The only ground is breakdown of the marriage. Breakdown is usually proved by living separate and apart for at least one year before the court decides the case, and you must have been living apart when the case started.

Only one spouse needs to intend the separation for the time to count. Living together again for a total of not more than 90 days, mainly to try to reconcile, does not interrupt the year. Breakdown can also be proved without waiting if the other spouse committed adultery or treated you with physical or mental cruelty that makes living together intolerable. Either spouse must also have been habitually resident in Ontario for at least one year immediately before the proceeding starts.

If your spouse files an answer, the case is contested, and a judge must hold at least one conference, subject to exceptions in the Family Law Rules. The court must still be satisfied that reasonable arrangements have been made to support any children. A lawyer can help you plan around your own facts.