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Can you get divorced if the other party doesn’t want to?
You’re likely wondering if it’s possible to get divorced if your spouse is contesting, or does not want to get divorced.
Yes, you can get a divorce if your spouse is contesting, but the process of finalizing the divorce will be more difficult. Arrangements need to be agreed upon for child custody, access and child support if you have children. You will be required to apply for a court order that says your divorce can be finalized even if your spouse does not agree.
Let’s dive into the details.
Can You Get Divorced If the Other Party Is Contesting?
The situation is not always cut and dried when you file for divorce in Alberta. You may have some questions regarding what the law says if you and your spouse are not on the same page as you navigate your way through a separation agreement.
In fact, you may be wondering if it’s still possible for a divorce to move forward and be finalized if one person is contesting or failing to respond.
Keep reading and we’ll answer the big questions related to whether you can still get divorced if one spouse does not cooperate.
If Your Spouse Is Just Not Responsive
It sometimes happens that one spouse is completely unresponsive as the other spouse is attempting to move forward with the divorce process. While this does create some hurdles, moving forward with a divorce is still possible. It’s obviously going to be much easier to get a divorce finalized if both parties are cooperating. Special steps will need to be taken if cooperation simply is not possible.
It’s always wise to seek the help of a divorce lawyer when things get complicated in this way during a separation. You can reach out to Capital City Law at any time to request a free consultation to go over any questions you have about the specifics of your situation.
How do you move forward with filing for divorce if one spouse is unresponsive? It will be necessary to file and serve what is called a Statement of Claim for Divorce. There is always a chance that the unresponsive spouse will fail to respond to the claim. However, this will not prevent the filing from moving forward.
A Statement of Claim for Divorce that is ignored by one party will be noted in default. This means that the party who served the notice will then be able to obtain a final Divorce Judgment without the involvement of the unresponsive spouse. The fact that a spouse is being unresponsive can sometimes work in your favour. A judge may grant you all that you’re asking for in a divorce by default if the other party is unresponsive.
Of course, it will be necessary for you to prove to the court that you’ve fulfilled your responsibility of providing your spouse with notice before a judge can give you what you want.
It is sometimes as simple as that. However, there is a stipulation that must be discussed. The matter of an unresponsive spouse can be more complicated if children are involved. A judge is prohibited from granting a Divorce Judgment if children are involved unless adequate arrangements have already been made for child custody and access, as well as child support.
If Your Spouse Is Actively Fighting Against Divorce
It is not uncommon for one spouse to actively fight against divorce.
You may be wondering if filing for divorce is still possible if one party is resisting. The answer is that it is still possible to finalize a divorce if this is the case. However, it is admittedly going to be more difficult. It will be necessary to finalize arrangements for child custody, access and child support before a contested divorce can be finalized if children are involved. The next step will be to apply for a court order directing that a divorce can be finalized even though one party is not in agreement with the move.
Unfortunately, it’s important to be prepared for the fact that a contested divorce can take significantly longer than an uncontested divorce. The contesting spouse could attempt to block a divorce by holding up child agreements, claiming that the divorcing spouse has failed to remove any religious barrier to remarriage or trying to prove that you have not lived in the jurisdiction you’ve filed in for the required period of time. This is where the importance of having sound legal representation from lawyers specializing in family law will be vital. Start by requesting a free consultation with a lawyer from Capital City Law if you’re facing a contested divorce.
Moving Forward with a Divorce in Edmonton, Alberta
It’s so important to understand your rights and options when one spouse is opposed to a divorce.
The divorce process is obviously a very emotional situation for all parties involved. However, it’s important to keep sight of the fact that specific steps must be followed when pursuing divorce in Alberta to avoid the need to stretch out the process or endure long court battles.
You cannot control the actions of your spouse. However, you can work with a divorce lawyer to utilize every legal channel to get the best outcome possible.
Reach out to us if you have any questions about how to move forward when a spouse is unresponsive or uncooperative. Book your appointment online today or call (780) 462-4321.
