Can You Oppose a Divorce?

The breakdown of a relationship is never easy, and if one partner doesn’t want it to happen, it can make things even more difficult to finalize the separation or divorce. There are many reasons for wanting to end a marriage and just as many reasons not to. If your partner has filed for divorce, but you do not want to go through with it, you may be wondering how you can stop the divorce from happening. Here’s what you need to know about opposing a divorce.

Can you oppose a divorce?

The short answer, unfortunately, is no. So, if you believe that you and your spouse should not get a divorce, but they do, they can do it on their own. In Canada, no law requires both spouses to be on board for a divorce, so either can file and the other doesn’t have to be in agreement.

Are there actions that will prevent divorce from happening?

Some people may have heard myths like not moving out of the house will mean that your spouse has to stay with you, and they can’t divorce you if you still live in the matrimonial home. Unfortunately, these are just myths and actions such as these will not do anything to stop the divorce from taking place.

Similarly, not responding to court documents or divorce papers doesn’t stop it from happening either.

How can you get a divorce without involvement from your spouse?

In Canada, there is a threshold for when a single party can obtain a divorce. The party who wants to file for divorce has to prove that there has been a breakdown of the marriage, which can happen in one of three ways: adultery/infidelity, separation (for at least one full year) or cruelty. Most people will have chosen to go with the one-year separation when filing for divorce.

Are there any alternative options?

If you really feel that the divorce should not be happening, and you want to work through this time with your spouse, you may want to suggest couples or marriage counselling. This is an option for people who are interested in trying to save the marriage and work through their differences, but it may not work if one spouse is determined that the marriage is over.

Cooperating with the process

If you have tried counselling and therapy but it’s just not working, then you may want to prepare yourself for what’s coming. This can involve hiring your own family lawyer and even familiarizing yourself with the divorce process, so you know what to expect.

To make the divorce process more amicable, you may want to suggest a mediator to work through a separation agreement so that you can both be finished with it and move on.

While this may not be exactly what you want, it’s important to remember that your spouse can get a divorce without your active participation. Sometimes, if it appears you are the one holding up the process and delaying it, the outcome may very well go to your spouse’s benefit. As hard as it may be, do your best to participate in the process and work through it to end the marriage so you can both start your new lives.

Contact Fine and Associates today

If your spouse has filed for divorce, it is highly recommended that you retain your family lawyer to help you through the process and protect your rights. To speak to one of our lawyers within a free consultation, contact us today.