Spouse refuses to separate

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I have been attempting to separate for over a year now. We have lived in separate rooms for 2 yrs and have had separate accounts for years, we have 2 adult children and I do on occasion have dinner with them but only when one or both children are present. I have consulted a lawyer and had a letter written in July 2012 that states that because of a breakdown of the marriage that I would like to negotiate a separation agreement. My spouse refused to acknowledge the letter and refused to respond to my lawyer or seek legal advice. She works full time and can support herself, but stated she cannot have the lifestyle she wants living on her own. I pay the mortgage, I paid for both cars, I pay the taxes, insurance, hydro, and water bills and help my children whenever they need me. We make approximately the same income, last year she made more than I did. I have agreed to pay her a very reasonable amount to divide the assets and she refuses to agree to that, she wants it all. How can I be separated from this woman legally when she refuses to agree to anything or sign anything. Please Help.

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Lorrie Stojni

12 years ago

Hello,

It sounds like your spouse is refusing to acknowledge the reality of the situation and prefers to continue in the situation she is accustomed to.

After having already sent the letter, your next step is to commence litigation. You can commence a legal proceeding wherein you seek a divorce, and the division of your assets. Your spouse will have to answer the proceedings or risk having a court order made against her.

Quite often an application will assist in waking the other side up, and getting a resolution. You can withdraw the matter at a later date if required.

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