A divorce is always an unwelcoming event in any person’s life. No people consciously want it or dream for it. But due to poor circumstances, the reality gets cruel at one point.
Anyway, divorce is a complex process indeed. So many laws and restrictions are there.
In this article, you will get to know about a woman’s right of getting a divorce by discussing whether a woman can divorce her husband without his consent or not.
Can A Woman Divorce Her Husband Without His Consent?
Yes, a woman can divorce her husband without his consent, according to Canadian law. Not only that, any spouse that means a husband also possesses the right. He can claim for divorce and completes the process without any concern of his wife.
But if the divorce process proceeds with both of the spouses’ consents, it would be hassle-free and easier to complete the process quickly.
In other countries of the world, you might not get the same advantages to get divorced without your spouse’s consent, like Canada.
Canada provides this law in almost all provinces. So everywhere in Canada, you will get professional lawyers for handling divorce cases smoothly.
For example, if you live in Manitoba, you can take help from a divorce lawyer in Winnipeg. They are the most expert in this field.
What Canadian Law Says?
Canadian law provides the convenience for couples to get married and divorced as well. If you send the necessary divorce papers to your spouse, you are clear from your side.
Now, if your spouse disagrees with signing those papers, you can proceed with your own reasons then. You no longer need to wait or think about your spouse’s consent anymore.
Moreover, to avoid such unexpected situations while processing your divorce, Canadian law offers some alternative options for you. These include:
Breakdown of Your Marriage
Proofs of the breakdown of your marriage are one of the most effective weapons by your side while your husband is refusing to give his consent for divorce.
Because, when you are applying for divorce alone in the court, the court will definitely ask for valid reasons and proofs why you are expecting divorce from your husband.
In that case, you must have to provide sufficient proofs supporting your claim for divorce.
For example, you can show evidence of physical or verbal or mental abuse if anything like that happened to you.
If your husband did any adulterous to you, you could also place that evidence in court.
All this evidence and proofs will help the court decide how far you need this divorce. Then, if your proofs are valid and strong enough, the court might allow you to get your divorce from your husband without his consent and participation.
Not Locating Your Spouse
If you have filed a divorce case in court, unfortunately, you cannot locate your husband’s present address or where he is living right now.
You have all your papers ready, but you cannot send them to your husband for his sign or consent. What will you do? Won’t you get your divorce then?
Don’t worry. Canadian law has the solution for you. Yes, if you cannot locate your husband, still you can get your divorce. You can apply for that.
But there is a condition here. That is, you must try to search for your husband’s location.
And you have to show enough proofs to the court that yes, you have tried a lot to get the location of your husband but couldn’t find it till now.
Reviewing your proofs, the court might grant your claim for the divorce, and you will be getting the divorce without your husband’s consent.
Having A Contested Divorce
Contested divorce is very much familiar to Canadian citizens. However, you need this type of divorce only when your spouse refuses to divorce you, maybe for several reasons.
If you need a divorce, you can apply alone and send all the papers through a lawyer to your spouse.
If he does not sign or agree with that, you are not at all liable for that. You have informed him about your claims and followed the laws.
That’s enough for you. Now, you can go ahead with your divorce process.
So, up to this, hopefully, you might have gathered at least some basic ideas about Canadian laws regarding divorce cases.
And we have tried to answer your question clearly of whether a woman can divorce her husband without his consent or not. So now you know the reality.
Overall, we suggest that whatever you do, never let your divorce case be pending. It is highly troublesome.