My husband separated from me, can he take a divorce without me?

If either you or your husband has ordinarily resided in Ontario for a minimum of one year then your husband is absolutely entitled to commence an Application for a divorce, even if you do not wish a divorce. However, your husband can then only finalize it after he waits for one year from the date of your actual separation, unless he wishes to rely upon and can prove one of the two additional grounds of cruelty or adultery.

Whether you wish to divorce from your husband is not relevant. Either side can decide to separate and become divorced. However, they must then comply with the law in terms of when they are allowed to issue an Application, as noted above, and when they are allowed to finalize the divorce Application, as also noted above.

(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).