What To Do If Your Spouse Wants A Divorce But You Don’t in Mississauga?

what to do if your spouse wants a divorce but you don't in mississauga

If your spouse has unexpectedly served you with divorce papers, it can be a shock. You may feel like you’re in disbelief and that this can’t be happening to you. You may be wondering what you did wrong or what could have caused your spouse to want a divorce. If you’re not ready to give up on your marriage, you may be wondering what you can do to try to save it.

If your spouse wants a divorce but you don’t, it’s important to take some time to evaluate the situation. You’ll need to decide if there’s anything you can do to work on the relationship or if it’s time to let go.

If you want to try to save your marriage, there are some things you can do. You can start by trying to communicate with your spouse. It’s important to be open and honest about how you’re feeling. You may also want to consider going to counselling together. This can be a great way to work on communication and other issues.

In this article, we will answer some questions that might help you understand what to do if your spouse wants a divorce but you don’t.

What are the grounds for divorce in Canada?

There are three grounds for divorce in Canada:

  • Separation for at least one year
  • Adultery
  • Physical or mental cruelty

In order for a divorce to be granted on the grounds of separation, you and your spouse must have been living apart for at least one year. This can be difficult ground to prove if you live in the same house but maintain separate lives. If you’re able to show that you’ve been living separately for at least a year, it can be easier to get a divorce on this ground.

The second ground for divorce is adultery. This means that your spouse has had an affair with someone else. If you can prove that your spouse has committed adultery, it can be easier to get a divorce on this ground.

The third ground for divorce is physical or mental cruelty. This can be difficult to prove as it requires evidence that your spouse has caused you physical or mental harm. If you can prove that your spouse has caused you physical or mental cruelty, it can be easier to get a divorce on this ground.

If your spouse has served you with divorce papers, it’s important to seek legal advice as soon as possible.

How Can Mississauga Family Lawyer Help You?

On all three grounds mentioned above, it would be in your best interest to have a Mississauga family lawyer represent you. They will help protect your legal rights and interests, as well as those of your children.

A Mississauga family lawyer can help you understand the divorce process and what to expect. They can also help you negotiate a fair settlement with your spouse. If you’re unable to reach an agreement, they can represent you in court.

If you’re facing a divorce, don’t hesitate to contact a family lawyer today. These lawyers are equipped with the knowledge and information that you need. Sure, there are some ways to get help like emotional support from friends and family but that will not help you win your case if your spouse chooses to file a case for a divorce.

What you need to solve your issue is a legal way backed up by some who spent time and have experience dealing with divorce law.

How to serve divorce papers in Mississauga?

The first step in getting a divorce is to serve your spouse with divorce papers. This can be done by hand-delivering the papers or by sending them by registered mail. Once the papers are served, your spouse has 30 days to respond.

If your spouse doesn’t respond to the divorce papers, you can file a motion with the court to have the divorce granted. This is called a divorce by default.

If your spouse does respond to the divorce papers, they can either agree to the divorce or file a counterclaim. If they agree to the divorce, you can proceed with an uncontested divorce. If they file a counterclaim, you will need to go to court to resolve the issues.

How much does it cost to get a divorce in Mississauga?

The cost of getting a divorce in Mississauga will depend on whether you have an uncontested or contested divorce. Uncontested divorces are typically cheaper and can be done without going to court. Contested divorces are more expensive and will require you to go to court.

If you have a simple divorce, you can expect to pay around $500 in legal fees. If you have a more complex divorce, you can expect to pay around $5,000 in legal fees.

Is there a waiting period for divorce in Mississauga?

There is no waiting period for divorce in Mississauga. Once you have served your spouse with divorce papers, you can file a motion with the court to have the divorce granted.

What not to do?

all the above-mentioned answers are for you to act upon your case legally but here are some things that you should never do if your husband wants a divorce but you dont.

  1. Never try to convince your spouse to stay with you by using emotional manipulation or blackmail. This will only make things worse and could even lead to domestic violence.
  2. never try to hide assets or income from your spouse. This will only make the divorce more contentious and could lead to you having to pay more in legal fees.
  3. never try to force your spouse to sign a prenuptial agreement or postnuptial agreement. This could be considered coercion and could invalidate the agreement.
  4. never try to sabotage your spouse’s relationship with their new partner. This will only make you look bad and could even lead to criminal charges.
  5. never try to use your children as leverage in the divorce. This could lead to you losing custody of them and could damage your relationship with them.

Bottom Line

No matter how severe your separation or divorce case is, always take the highroad and if things are out of your control then be advised that there are many family law firms in Mississauga like Divorcefast who are ready to provide you with the legal guidance you need to protect your rights and interests. We hope this article helped you understand what to do if your spouse wants a divorce but you don’t. If you still have any questions left unanswered, you can freely contact us and we will be there for you in a jiffy.

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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.