What Happens If Your Spouse Won't Sign Divorce Papers in Nova Scotia

It is common to assume a divorce needs both people to cooperate. When a spouse refuses to sign, ignores the papers or simply disappears, that assumption can leave you feeling stuck.

The law is more flexible than many people expect. This article explains how a divorce can still move forward in Nova Scotia, what the court looks at, and where a spouse's lack of cooperation tends to make things slower or more complicated.

This article covers the law of Nova Scotia.

You do not need your spouse's signature to apply

Under the Divorce Act, a court may grant a divorce on application by one or both spouses on the sole ground that the marriage has broken down. That means a spouse who refuses to take part in a joint application does not block you from applying on your own.

Nova Scotia's Family Division offers different forms for different situations. A Joint Application for Divorce (Form 59.46) suits spouses who agree on all issues, and an Application for Divorce by Agreement is Form 59.45. The Petition for Divorce is Form 59.09. Which form fits when your spouse will not cooperate depends on your situation, so it is worth confirming with a lawyer.

Your spouse cannot stop the clock on separation

The usual proof of breakdown is that the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined, and were living separate and apart when it started. Spouses are deemed to have lived separate and apart for any period when they lived apart and either of them intended to do so, so one spouse's intention is enough.

If you briefly tried to reconcile, the year is not interrupted or ended just because you resumed living together for no more than 90 days in total, where the main purpose was a reconciliation attempt. Whether the reasons your spouse gives for disagreeing change anything depends on the facts, and a lawyer can confirm.

What happens after the petition is served

On a contested petition, the respondent's time to respond is 15 days if served in Nova Scotia, 30 days elsewhere in Canada, and 45 days anywhere else, as reflected on the court's Petition for Divorce form.

What happens if the deadline passes with no response, and how the court proceeds, depends on the circumstances and the court's procedure. A lawyer can explain the next steps for your file. Even when everything goes smoothly, the court must satisfy itself that there has been no collusion in relation to the application.

Divorces are heard in the Supreme Court of Nova Scotia (Family Division). The Family Division's practice memorandum forms for divorce include FD 12 (Affidavit Supporting an Uncontested Divorce - Application), FD 12A (Joint Application), FD 12B (Petition) and FD 10 (Request for Date Assignment Conference - Divorce). The court's web versions of those practice memorandum forms are unofficial, and the Civil Procedure Rules Part 22 forms are the official ones.

Issues that remain even if your spouse resists

Refusing to sign the divorce does not remove the other issues. The same court hears parenting arrangements, child support and the division of matrimonial assets and debts.

• Parenting: the court considers only the best interests of the child, with primary consideration to the child's physical, emotional and psychological safety, security and well-being.
• Parenting time: the court gives effect to the principle that a child should have as much time with each spouse as is consistent with the child's best interests.
• Child support: for a child under the age of majority, the amount is the table amount for the payor's province plus any section 7 amount, but shared parenting, split parenting and undue hardship have their own rules, and a child who has reached the age of majority may be treated differently.
• Spousal support: the court considers each spouse's condition, means, needs and circumstances, and fault is not considered.

This last point matters if your spouse is refusing out of anger. Misconduct is not to be considered in deciding spousal support.

Ways to move things forward, and what to do next

Sometimes a spouse refuses because they are overwhelmed or fear the outcome. Court-based options include conciliation, where a court officer meets the parties to identify issues and explore settlement, mediation with a neutral mediator who cannot make orders, and voluntary judge-led settlement conferences. Court referral to mediation generally needs an active application.

• Keep records of your date of separation and any attempts to reconcile.
• Keep a copy of every document you send or receive and note when and where your spouse was served.
• Confirm which form fits your situation before filing.
• Consider mediation or conciliation if talking is still possible.
• If there is violence or fear, speak to a lawyer or support service about safety first.

If cost is a barrier, Nova Scotia Legal Aid family coverage includes matters under the Divorce Act. If legal aid is refused, you can appeal to the Commission by written request for review.

Frequently asked questions