Yes, you can file for divorce in Ontario without spousal consent, provided you meet legal requirements

In Ontario, you can proceed with a divorce application regardless of whether your spouse agrees. The process requires that you properly serve your spouse with the divorce application documents, giving them formal notice of the proceedings. After service, the divorce can move forward even without their participation or consent.

  • You must demonstrate a 12-month separation period or prove other grounds for divorce
  • Proper legal service of documents must be completed and documented
  • Your spouse has 30 days to respond after being served
  • The court can grant a divorce even if your spouse ignores the application
  • You may need to prove service of documents to the court’s satisfaction

While spousal consent isn’t required, working with a qualified legal professional is recommended to ensure proper filing and service of all necessary documentation.