Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Is it possible to deny your spouse a divorce?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

Hi, my friend has been separated from her spouse for 3 years. She says that he will not "give her a divorce". Is it possible to deny your spouse a divorce? Can't my friend just file for divorce and he be served papers that he must sign? They have 2 children and she is concerned about their welfare, and doesn't want it to get ugly and drawn out. She doesn't have a lot of money and he has lots of money and lawyers but can he actually deny her a divorce?

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
5 years ago

A: Your friend’s spouse has no say in the matter – once he has been served with the Divorce papers, there is nothing for him to sign or to do and as long as he does nothing, she can proceed to file to obtain the final Divorce order 30 days after he has been served. He can file a Response in which he can oppose the divorce or seek other relief – in which case she can still get her divorce though it would be on a contested rather than on an uncontested basis. The only difficulty I see is that as there are children, the judge dealing with the divorce application has a duty not to grant the divorce unless the evidence satisfies him that reasonable arrangements for the support of the children have been made. So if she has no agreement on child support and no child support order, then the judge will not grant the divorce until that has been out in place.

Latest Questions Asked:

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions
Would love your thoughts, please comment.x