My husband/wife wants a divorce. I don’t. How can I stop him/her?

Reconcile with your spouse. If your spouse does not wish to reconcile, then they are entitled to divorce you without your consent providing that they can establish at least one of the following has occurred in your marriage:

1. Separation for one year
2. Adultery
3. Cruelty (of such kind as to make continued cohabitation intolerable.)

We’ve just separated. Do we have to wait one year before we can apply for a divorce?

No. The divorce process can be started once the decision to separate has been made by one spouse. However, if the divorce application is proceeding on the ground that the spouses are separated, the divorce cannot be granted until at least one year after the separation date.

Do I have to have a separation agreement before I get divorced?

No. It is not required. However, it can make the divorce application process faster if all the issues resulting from the breakdown of your marriage have been finalized in a separation agreement before you apply for a divorce.

Dawn M. Bennett is a divorce lawyer who practises Ontario family law, including Collaborative Divorce, with Bennett Law Chambers in Mississauga, Ontario.

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