Yes, you can get divorced in Canada without your spouse’s signature, but they must be legally notified
In Canada, you can proceed with a divorce even if your spouse refuses to sign or participate, through what’s known as an uncontested divorce. However, the legal process requires that your spouse must be officially notified through proper service of divorce papers.
- Your spouse must receive formal service of all divorce documents
- They have 30 days to respond after being served (40 days if outside Canada)
- If they don’t respond, you can proceed with a default divorce
- You must prove to the court that you made reasonable attempts to notify your spouse
While possible to navigate alone, working with a family law professional or divorce mediator can help ensure proper procedures are followed and your rights are protected throughout the process.