When you have decided that it is time for divorce, thinking about how to approach the process amicably can be a challenging step. If your spouse does not agree with your decision, there are certain circumstances under which you can still get a divorce. Going through a contested divorce process is time-consuming and can often be difficult on the family. In this article, we will review what options you have based on your situation so that you can make the best decision for you and your family.

Reviewing Your Options

There are three grounds for divorce under Canadian law:

    1. Both spouses have been separated for at least one year
    2. There has been reported violence or abuse
    3. Adultery has been committed

If you are going through violence or adultery, we recommend that you seek legal advice so that a professional can help guide you towards the best course of action. It is important to note that if you have also committed violence or adultery, then you will not be able to file for a divorce without first staying separated for at least one year.

If you are unable to locate your partner while seeking a divorce you will be required to make every effort to find them. The divorce will be granted if you have shown proof of your efforts. It is good to recognize that if one spouse is already considering divorce, the marriage has broken down. In court, this is what you will need to prove.

So, even if your spouse does not want a divorce, you are still able to file for one and get the process started as soon as possible. Although, depending on your situation, this may not be the best course of action to take right away. The outcome of an adversarial divorce may have very negative effects on your children and the rest of the family. It is advisable to do everything in your power to come to an agreement with your spouse before getting courts involved.

Here are some efforts you can make to communicate with your partner:

    1. Find time to explain to them why you believe a divorce would be best for you both, including your children
    2. Consider the advantages of family mediation and have a conversation about if the process would work for your situation
    3. If you cannot get them to agree, take time to analyze the situation for yourself so that you can find strength behind your decision

Overcoming Guilt

Often times, individuals struggle with the feeling of guilt when deciding to separate on their own terms. It is important to validate your reasoning for ending the marriage for yourself even if your spouse does not agree. When you practice good mental health attitudes, your ability to approach difficult situations positively increases.

Remember that marriages breakdown for many different reasons. As people change, so do their relationships. Only you truly know when it is time to start a new journey. It is important to find the truth behind your emotions and make empowered decisions. By doing so, you become the best version of yourself for you and everyone around.


At Hussain Law we focus on helping our clients navigate the emotional and financial challenges of separation and divorce. Our office remains fully operational, and we have implemented various new procedures that allow us to continue to advise clients seamlessly during this time. If you have a family law issue that you need assistance with, please contact Ayesha Hussain at 647-428-3919.

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