Can a Divorce be Contested with Separation Agreement in Place

Based on your facts it seems that you are entitled to proceed with an uncontested divorce. Of course, your wife can seek to contest it by filing an Answer to the Application. However, the true analysis is not whether she is entitled to contest the divorce Application but rather whether she would be successful. I would need to read the separation agreement and speak with you prior to providing that analysis. However, on a general basis only, I will comment that if you have violated the separation agreement by not providing medical coverage to her until the granting of the divorce Order then she may be able to pursue that issue. However, once again, I cannot make that comment without first reading the separation agreement and speaking with you.

I may be reached at 1-877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).