Can You Get a Divorce If Only One Partner Wants It?
While it’s rare for a divorce to take place without any sort of acrimony, some people end up getting stuck in a situation where a partner refuses to participate in the legal dissolution of the marriage. Regardless of why only one partner might want a divorce, this lack of cooperation makes divorce more complicated and unpleasant than necessary. Marriage and divorce law has been altered over time to create a logical and straightforward path for people stuck in this type of divorce situation.
Types of Divorce Proceedings
Uncontested Divorce
For a divorce to be considered uncontested, both parties must be able to agree on vital aspects of the ruling. This results in a complete agreement in terms of custody, visiting rights and child support, as well as other financial issues. An uncontested divorce must be preceded with a separation for one year, and the partner must be able to receive all the necessary papers while choosing not to file an “answer” (which would initiate other legal proceedings).
Joint Divorce
Similar to uncontested divorce, a joint divorce requires that both parties agree to all the required terms that allow for an uncontested divorce. For a joint divorce, however, both spouses sign and swear on the papers together.
No-Fault Divorce
During the 1960s, Canada, the United States and many other western countries started to adopt the no-fault divorce. Prior to this, divorce was only allowed to take place when fault was established by one of the spouses. Typically, uncontested and joint divorce filings will fall under the no-fault divorce law, which facilitates smoother legal proceedings. For a no-fault divorce, the only requirement is the breakdown of the marriage.
Contested Divorce
A contested divorce is the most complicated type of marriage dissolution, which can lead to years of legal struggles and tens of thousands of dollars in legal fees. This process may take place because one or both spouses disagree on vital aspects of a divorce agreement, including child support, custody, alimony or the division of marital property.
If only one partner wants a divorce and the other partner chooses to fight over the details of the dissolution of the marriage, then there’s a good chance that you’ll need to prepare yourself for a lengthy legal battle.
Complications in a One-Sided Divorce
If one of the spouses believes they can avoid getting a divorce by disappearing, you’ll need to show that you’ve attempted to serve the partner with papers and have simply been unable to find your spouse. When you show the judge that you’ve been unable to make contact despite efforts to serve papers, you’ll be able to proceed with the divorce without the partner present.
The discovery process for divorce may end up stalling the process if the other spouse is attempting to hide assets in retaliation for an unwanted divorce. In this case, both of you may be required to put forth a complex set of financial documents, including income tax, financial holdings and property value calculations. In fact, for the worst case scenarios, the two of you may need to undergo an interview under oath to make sure that all assets are revealed during the process.
When Possible, Cooperation Beats Conflict
When only one partner wants a divorce, the emotions that surface will likely be negative, resulting in the longest, most costly divorce method possible: a contested divorce. If possible, you should try to work with your ex-spouse instead of taking a heavy-handed approach. At the same time, you should be prepared to defend yourself in court by enlisting the help of an expert legal team.
Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.