We have compiled a list of commonly asked divorce questions and our answers. Should you require further information please give us a call at 604-449-7779 and we will be honoured to help.<\/p>\n

Can I divorce my wife without her consent?<\/strong><\/h2>\n

Consent is not a legal requirement in obtaining a divorce. One of the legal requirements that the courts must be satisfied with is that there has, in fact, been a breakdown of the marriage (Divorce Act<\/em>, s. 8(1)). Breakdown of the marriage is deemed to have been established if the spouses have lived separate and apart for at least one year or if a spouse proves that the other has committed adultery or physical or mental cruelty.<\/p>\n

When one or all of those grounds are met, the court then needs to satisfy itself of a few statutory requirements such as that there is no possibility of reconciliation between the parties, that there has been no collusion (fraud against the court) in relation to the application for divorce, and that reasonable arrangements have been made for the support of any children of the marriage.<\/p>\n

Can you refuse to get a divorce?<\/strong><\/h2>\n

You can refuse to get a divorce under a few conditions, such as:<\/p>\n

\n
1. It has not yet been one year since the date of separation.<\/li>\n
2. No reasonable arrangements have been made for the support of any children of the marriage.<\/li>\n
3. Issues relating to property division and spousal support have not been dealt with.<\/li>\n<\/ol>\n

   Please note, that refusing to get a divorce is only temporary until the above\u00a0\u00a0 conditions have been dealt with. Once they have been dealt with a divorce can be obtained even if you refuse.<\/p>\n

   Can you get a divorce if you can\u2019t find your spouse?<\/strong><\/h2>\n

   Yes, you can get a divorce even if you can\u2019t find your spouse. However, you must show the court that you have made every effort to find your spouse. Let\u2019s discuss this in detail:<\/p>\n

   One of the court requirements is to have someone personally serve your Notice of Family Claim for a divorce on your spouse. Obviously, if you are unable to find your spouse, you cannot succeed in serving the required documents on your spouse. In these cases, you can make an application to the court asking for an order for substituted service, which is a court order listing alternative method(s) for bringing the documents to the attention of the spouse. It is generally the filing party\u2019s lawyer that assists in proposing alternative methods of service to the court (i.e. serving your spouse\u2019s relative who may be in touch with your spouse, newspaper advertisement, etc.).<\/p>\n

   To get an order for substituted service, one must succeed in showing that they have exhausted all means of locating their spouse. Once an order for substituted service is granted and followed and your spouse has not filed a response to your notice of family claim, you may continue with the divorce process on an uncontested basis.<\/p>\n

   Can a jury deny a divorce?<\/strong><\/h2>\n

   There are no juries in family law cases. Family cases are decided by judges based on the evidence that is presented in front of them.<\/p>\n

   What happens when someone refuses to sign divorce papers? <\/strong><\/h2>\n

   If your spouse refuses to sign divorce papers, you can still apply to the court for a divorce order.<\/p>\n

   We, at M.J. O\u2019Nions Lawyer & Mediator, have succeeded in making and completing many applications for sole and joint divorces. Give us a call at 604-449-7779 and we can explain the process in detail.<\/p>\n

    <\/p>\n","protected":false},"excerpt":{"rendered":"

   We have compiled a list of commonly asked divorce questions and our answers. Should you require further information please give us a call at 604-449-7779 and we will be honoured to help. Can I divorce my wife without her consent? Consent is not a legal requirement in obtaining a divorce. One of the legal requirements…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18],"tags":[],"class_list":["post-3049","post","type-post","status-publish","format-standard","hentry","category-divorce-bc"],"yoast_head":"\n