What happens if my spouse won't sign the divorce papers in Saskatchewan?
This answer covers the law of Saskatchewan.
Your spouse does not need to sign for a divorce to go ahead, because the Divorce Act tests whether the marriage has broken down, not whether both spouses agree. That is usually shown by living separate and apart for at least one year, or by the other spouse's adultery or cruelty.
Your spouse still has to be served, but their signature is not the test. The Petition form states it is to be served within 6 months after it is issued unless ordered otherwise. If no acknowledgment of service is available, service can be proved by an affidavit of service in KB Form 12-15. Form 15-8A includes affidavit forms for personal service and for service by alternative mode.
If your spouse never responds, the Part 15 forms include an application for judgment in an uncontested divorce under Rule 15-76. The court must still be satisfied there is no collusion and no possibility of reconciliation, unless that would clearly be inappropriate. The Court of King's Bench also offers a free Self-Help Divorce Kit for uncontested divorces. How this plays out depends on your facts, so a lawyer can confirm the steps for you.
Key takeaways
- The ground for divorce is breakdown of the marriage, usually shown by living separate and apart for at least one year, so your spouse's signature is not the test.
- The Petition form says it is to be served within 6 months after it is issued unless the court orders otherwise.
- If no acknowledgment of service is available, service can be proved by an affidavit of service in KB Form 12-15.
- Even when your spouse does not respond, the court must be satisfied there is no collusion and no possibility of reconciliation, unless that would clearly be inappropriate.