Is It Possible to Have an Uncontested Divorce if One Spouse Doesn’t Agree?

Uncontested Divorce

Divorce is a tough process. However, if the partner is cooperative, it could become easy. If both parties have a mutual understanding of all the matters related to the divorce, it could be less time-consuming, less expensive, and less stressful for both individuals.

For instance, you and your spouse have already decided on issues like division of property, spousal support, and child custody. It will be perfect, and the process will be smooth. But, that’s not the case most of the time. In some cases, both individuals signed the papers, divorce was decided, and everything was going well. But, at the last moment, they refused to sign the divorce papers.

What happens then?

Well, there are solutions to this issue. We understand that it is difficult to deal with an uncooperative spouse when it comes to divorce. It is best to consult a skilled divorce attorney in this situation to guide you well regarding this issue.

However, this article will let you know what you can do when facing such an issue.

Consent is not necessary to get a divorce

Yes, you read that right. Nowadays, you don’t need to get consent for the divorce. Although, getting a consensual or an uncontested divorce could be an easy option, saving time and money. You have the right to continue with the divorce, including filing for the divorce and letting the spouse know about the divorce with the required documents. But if the spouse is not responsive and ignores you, you can go ahead without their permission.

Determine the Proper Ground for divorce

There is a thing called a “no-fault divorce.” It can be referred to as some other names in different states. But, you are not required to demonstrate the partner’s fault when getting a divorce. On the other hand, in some situations, proving fault may work in your favour. By that, we mean that you could be eligible for some benefits. For instance, you might obtain a larger property settlement when you proved your spouse at fault. You can also get spousal support or sole custody of your child.

On the other hand, if your spouse doesn’t sign the divorce papers and doesn’t want the divorce to happen, but you want the divorce, you’d have to prove the breakdown of the marriage. It could be anything like physical or mental torture or adultery. You need to show the evidence to the court, and they will grant you divorce.

What to Do When You Can’t Locate Your Spouse

You must contact your partner to sign the divorce papers, but you cannot find where they live or their phone number. So, what should you be doing in that case? You can get a divorce even if the spouse doesn’t sign. But, you have to tell and show the court that you tried finding your spouse and failed. You can apply for a court order to divorce. However, it wouldn’t be easy to tell the judge that you can’t find them. You need to prove that you have looked for them at every possible place, but still, you didn’t succeed in locating them.

What Complications Arise When the Spouse Is Not Cooperative

If you can get a divorce without your partner’s signature, why not just go to court and forget about it? Why go through the hassle of finding out where your partner is and asking for a signature? Divorce would be much easier if it is uncontested. The process will be trouble-free when both parties mutually agree on alimony, child custody, and property division.

On the other hand, if the spouse is not cooperative, you’d have to face many issues. It wouldn’t just be limited to signing the paper for divorce. The spouse might also not cooperate on the essential matters related to the divorce, such as spousal support, child custody issues, and much more. And this could cause few complications. That’s the reason why we recommend always hire a skilled divorce attorney.

Benefits of Hiring a Skilled Divorce attorney

People are very emotional throughout the divorce process, and rightly so. On top of that, you might not be able to manage the paperwork for the divorce. And, also would find it difficult to know what to do and what not to do. The divorce lawyer can help you with many things and guide you through the whole process, whether it is about the division of assets, custody of the children or anything else.

Here are a few of the benefits of hiring a Divorce lawyer.

  • Access to Legal expertise: Normal people wouldn’t be much aware of the things involved in the process of Divorces, like the division of the assets and custodial issues.
  • Expert assistance with custody agreements and asset division: The custody rights and the division of assets are the most important things in divorce, and you’d need an expert lawyer for that.
  • Hiring a good lawyer would reduce the chances of mistakes: An expert lawyer will protect you from many making any mistakes that you’d have to face later on in life.


Divorce is a messy business, and you can get pretty stressed during the process. However, if you contact a professional divorce attorney, they will understand your situation and guide you according to your problems.

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Written by: the Divorce Fast Team

Our team of Ontario lawyers has over 15 years of experience handling divorce and other family law matters.

All of our lawyers are in good standing with the Law Society of Ontario, and have the knowledge and experience to help and guide you through your family law issues. Whether your matter pertains to divorce, separation, custody/access, or support claims, we are the firm for you.

Contact Divorce Fast for a Free Consultation.