A. What are grounds for divorce and can one spouse deny another a divorce?
In Ontario, there are three main grounds for divorce:
1. Separation:
You and your spouse have lived separate and apart for at least one year with the intention of ending the marriage.
2. Adultery:
One spouse has committed adultery, which is defined as voluntary sexual intercourse between a married person and a person who is not their spouse.
3. Cruelty:
One spouse has treated the other spouse with physical or mental cruelty to the extent that it is intolerable to continue living together.
These are the primary grounds for divorce in Ontario, and it is important to consult with a legal professional for specific advice and guidance on your individual situation.
B. Can my wife refuse to give a divorce?
In Ontario, one spouse cannot refuse the other spouse a divorce if the marriage has broken down irretrievably. If you meet one of the grounds for divorce (such as separation, adultery, or cruelty), the court can grant a divorce even if one spouse does not consent to it.
However, the process of obtaining a divorce in Ontario can vary depending on the circumstances. It is recommended to seek legal advice from a family law lawyer to understand your rights and options in your specific situation.
Contact us online or call us at (613) 232-7900 to schedule a consultation. We will discuss your case, explain your options, and help you determine your next best steps.
