Can You Refuse to Sign Divorce Papers in British Columbia?

Divorce is rarely easy, and when one spouse refuses to cooperate, it can feel even more overwhelming. If you are living in Metro Vancouver, including areas like Burnaby, Coquitlam and Port Coquitlam, Surrey, Richmond, Aldergrove, or North Vancouver, you may be wondering:

Can my spouse refuse to sign the divorce papers and stop the process?

The short answer is no. A person cannot prevent a divorce in British Columbia simply by refusing to sign papers. Here’s what you need to know.

Divorce in BC: A Legal Process, Not a Mutual Agreement

In British Columbia, divorce is governed by the federal  Divorce Act  and processed through the BC Supreme Court. While a mutual agreement can help make the process smoother, particularly in a joint divorce application, you do not need your spouse’s signature to get divorced.

If one spouse refuses to participate, the other can still proceed with a sole divorce application. This is known as an uncontested or desk order divorce, and it can move forward as long as certain legal requirements are met.

What Happens When One Spouse Refuses to Sign the Divorce Papers?

If your spouse refuses to sign or respond to the divorce application, the court can still grant the divorce. Here’s how:

1. You file a Notice of Family Claim with the Supreme Court.

2. You have the documents served  to your spouse.

3. If your spouse does not respond within the required time (usually 30 days), you can apply for a default judgment.

4. The court will review your application and, if satisfied that the marriage has broken down and proper arrangements have been made for any children, will issue a divorce order.

This process ensures that one party cannot indefinitely delay or block a divorce.

Separation Period Still Required

Even if your spouse refuses to cooperate, you must still meet the legal requirement of being separated for at least one year before the court will grant a divorce if you are proceeding on the ground of living separate and apart one year. This applies whether you live in Vancouver, Maple Ridge, Pitt Meadows, or Chilliwack.

How a Divorce Attorney Can Help You Move Forward

While divorce might seem straightforward, it often becomes complicated when children, finances, or property is involved. This is where professional legal support is crucial.

Ms. Little, a trusted New Westminster divorce lawyer, has over 30 years of helping clients throughout British Columbia  navigate contested and uncontested divorces. Whether you are in Port Moody, Langley, or Squamish, her experience with BC’s family law system ensures your rights are protected and your case moves forward efficiently.

Get Help from a Family Law Firm in BC

If you are facing a divorce and your spouse is uncooperative, do not let that stop you from moving forward with your life by getting divorced and resolving all additional family law legal issues. Even without your spouse’s signature, a knowledgeable family lawyer in British Columbia can help you move forward efficiently with your divorce.

At Valerie M. Little Law Corporation, a well recognized family law firm in BC, Valerie has decades of experience and family law knowledge that she is able to utilize to assist her clients across the Lower Mainland of British Columbia and  including areas such as Abbotsford, White Rock, Delta, and Ladner. She understands the emotional and legal challenges of divorce and she and her team are ready to support you through every step of the divorce process.  Contact us today to take the first step towards a peaceful tomorrow.