Joined: May 2015
Posts: 124
I would consult the lawyer again.............
8/10/2025 at 4:05 PM
and hopefully it can be sorted out without another big outlay of fees.
Here is what AI has to say about it but I've heard that AI is not infallible.
In Manitoba, Canada, a spouse cannot prevent a divorce indefinitely, even if they refuse to sign the divorce papers after a separation of more than one year. While it's best to have both spouses agree on all issues (property, support, children), a one-year separation is the primary ground for divorce, and a spouse's consent is not required under the federal Divorce Act. If a spouse refuses to cooperate, the other spouse can proceed with a divorce application, potentially leading to a default divorce after a waiting period.
Here's a more detailed breakdown:
One-year separation is key:
In Canada, a separation of one year or more is the most common ground for divorce, regardless of whether both spouses agree to separate.
Consent is not required:
The Divorce Act does not require a spouse's consent for a divorce, according to Spectrum Family Law.
Uncontested vs. Contested:
Even if one spouse refuses to sign, it doesn't automatically make the divorce contested. If the other requirements for divorce are met, a "default divorce" can be granted after a waiting period and proper notification to the non-cooperative spouse.
Legal Advice is Crucial:
It's highly recommended to consult with a family lawyer in Manitoba. They can guide you through the process, advise on serving papers, and help navigate potential issues like property division or child custody if they are not agreed upon.
Potential delays:
While a spouse's refusal to sign can cause delays, it won't prevent a divorce from being granted after the required separation period.
Document everything:
Keep records of all communications, filings, and any evidence of the separation.
Consider mediation:
Mediation can be a helpful tool to resolve disagreements and facilitate a smoother divorce process, even if one spouse is initially resistant.