What If Your Spouse Contests Divorce?

Some divorce cases are so smooth. In Alberta, the collaborative law for Calgary divorce is a very common tool for soon-to-be ex-spouses to come to an agreement. The collaborative process requires transparency, fairness, and cooperation. Unfortunately, not all spouses are willing to cooperate that’s why some cases become extremely unpleasant. One wants a divorce, but the spouse refuses to give it. There are many reasons an individual refuses to give divorce to his/her spouse. We will no longer go through them. Instead, we will discuss what to expect when you want a divorce but your spouse refuses to give it.

Contested and Uncontested Divorce

There are two types of Calgary divorce, namely, contested and uncontested. The former is when your spouse refuses to give what you want – divorce. The latter is when your spouse agrees with the divorce, which means no problem in the legal process. The contesting of divorce can be regarding the divorce as a whole or one of its grounds. For instance, some individuals will contest the divorce for the ground if this can damage their reputation (e.g., adultery or physical cruelty). Others contest divorce because of custody, division or property, and financial support. An uncontested divorce usually takes only a few months, particularly if the divorce is due to separation of more than a year.

Good News: You Can Still Get a Divorce 

In Calgary and other areas of Alberta, agreement or cooperation from your spouse is not necessary to proceed to getting a divorce. It does not matter if your spouse refuses. However, the process will be lengthy and complicated. Refusal and resistance only cause delay. You wanting a divorce is enough provided that the ground for divorce is valid.

So what are valid grounds for divorce? There are three. First is the period of separation. Not living together for more than a year is ground for divorce. Second is cruelty, that is, physically or mentally. If your spouse abuses you physically or mentally, you have a greater chance to get divorced despite your spouse’s refusal. The third ground is misconduct, such as adultery. Nonetheless, the last two are uncommon because individuals with an abusive spouse or one who committed adultery tend to live away from their spouse. They tend to have lived separately for more than a year by the time the judge is due to determine if the cruelty or adultery allegations are true.  

Bad News: Contested Divorce Has No Certain Time frame

Resistance of the other party causes delay. Unfortunately, you cannot be divorced until all issues are resolved. If your spouse contests the divorce, be ready for negotiations although you don’t have to give him/her everything he/she wants. An experienced lawyer can advise you regarding the best action for contested divorce.

FYI: Legal Separation Is Another Option

Divorce and legal separation are two different things. Divorce separates you from your spouse and changes your marital status. It is requested when one thinks reconciliation is impossible. By contrast, separation is when a couple decides to live apart from each other. It can be legalized through a contract that details the rights and obligations of each other.