What can you do if you want a divorce but your spouse either doesn’t agree with it from the start or refuses to sign the papers after being served?

Can you get a divorce without the other person signing?

In British Columbia, if you feel that your marriage is beyond repair but your spouse doesn’t agree, you can still proceed with a divorce. However, there are more legal hurdles to navigate and possible delays to contend with, especially if the other spouse cannot be located or won’t sign the paperwork.

Under the federal Divorce Act, the consent of both spouses is not necessary to complete the divorce process in BC.

So, how do these situations usually resolve?

Do both spouses need to agree to a divorce in BC?

In British Columbia, there are three grounds for divorce:

Separation for one year (s. 8(2)(a)): Either spouse can apply after one year of separation, regardless of whether the other agrees.
Adultery (s. 8(2)(b)(i)): The applicant spouse can rely on this ground without the other’s consent.
Physical or mental cruelty (s. 8(2)(b)(ii)): No consent required.

As you can see, consent is not required in any of the divorce grounds. By far the most common ground cited in BC is one year of separation because no fault or misconduct needs to be proven.

Either spouse can apply for divorce unilaterally. In other words, if you can prove that either you or your spouse has lived in British Columbia for at least 12 months and you have been separated for a year or more, a divorce can be granted without your spouse’s signature.

Separation usually involves living in separate residences but can occur even if you continue living under the same roof if you live separate lives (e.g., no shared meals, separate finances, no physical or social intimacy, etc.).

What happens if one spouse refuses to sign divorce papers?

Under Canadian law, you enjoy certain protections if your spouse disappears or refuses to sign divorce papers and you wish to proceed with the divorce.

To a judge, the fact that you have been separated for one year or more is enough evidence that the marriage is irretrievably broken, even if your spouse doesn’t agree.

With legal support from an experienced BC family lawyer or divorce lawyer, the inevitable legal hurdles and delays can be overcome, and the divorce can proceed.

How service of divorce documents works in BC

To initiate a divorce as a sole party (rather than a joint application), you will need to file a Notice of Family Claim (Form F3) at your local BC Supreme Court:

If you live in Abbotsford, file at the BC Supreme Court Abbotsford Registry, 32375 Veterans Way, Abbotsford, BC V2T 0K1.
If you live in Surrey, file at the BC Supreme Court New Westminster Registry, 651 Carnarvon Street (Begbie Square), New Westminster, BC V3M 1C9.

You must “serve” the documents on your spouse, i.e., provide a copy of the documents. Your spouse then has 30 days to respond (60 days if they are outside Canada or the US).

If your spouse lives in BC and you know their address, the easiest way to serve documents is through ordinary service. This means delivering the documents directly to your spouse in person or by leaving them with an adult at their residence.

Personal service of the Notice of Family Claim must be carried out by someone other than yourself. You can use:

A process server.
A friend.
A family member over 19 who is not a party to the proceeding.

Your spouse must acknowledge receipt by signing an Acknowledgment of Service (Form F6), which is then filed with the court.

If you don’t have an address for your spouse or your spouse is evading service, you should first try to find them or an address for them. If that is unsuccessful, you will need to apply to the court for an order for substituted service, which allows service by email or social media.

Can you still finalize a divorce if your spouse does not respond?

If your spouse doesn’t respond to the served papers within 30 days, the divorce will proceed as “uncontested” even if, in reality, your spouse wants to contest matters.

To proceed without your spouse’s signature, you will need to file further forms and supporting documents.

Your spouse cannot “block” the divorce by not responding or refusing to work on a separation agreement with you, but you should expect delays in the divorce process in BC.

For instance, property division, child support, and spousal support require full financial disclosure from both spouses. If this is not submitted, decisions will be delayed.

The British Columbia courts prioritize the best interests of the child and fairness in property and support matters. The judge will issue orders on all key outstanding matters while ensuring that your spouse’s rights are not breached.

Why might your spouse refuse to sign divorce documents?

Your spouse might refuse to sign divorce papers because they:

Do not want the marriage to end and hope that withholding consent will prevent or delay the divorce.
Disagree with the terms of the proposed settlement, including arrangements for property division, child custody, or spousal support.
Want to use their refusal as a bargaining tool to secure a more favourable outcome on financial or parenting issues.
Are emotionally unprepared to accept the end of the marriage and are not yet ready to engage with the legal process.
Wish to cause delay and increase the cost and stress of proceedings for you.
Have religious or cultural objections to divorce.
Are unaware of or confused by the legal process and do not understand what they are being asked to sign.
Have concerns about the fairness of the process and believe they need independent legal advice before signing anything.

When to speak with our family lawyers?

Whether you’re going through a contested BC divorce with disputes over parenting, child support, spousal support, and property division, or an uncontested divorce because your spouse cannot be located or won’t sign the papers, legal advice can provide much-needed clarity in uncertain times.

An Abbotsford divorce lawyer from Legalbird can help you:

Understand your rights and legal options.
Locate your spouse, if necessary.
Progress your divorce even if your spouse is unresponsive.
Advocate for the best possible outcome from the BC divorce process.

For a free 30-minute consultation about your options during a divorce in the Abbotsford or Surrey area, contact the team at Legalbird today.

Date Modified:

May 26, 2026

Kawal Atwal

Family Law Expertise You Can Trust

Benti K. Atwal is a British Columbia family law lawyer who focuses on separation, divorce, parenting disputes, child support, spousal support, and property division. She takes a client-centered, trauma-informed approach, understanding that family law matters involve both complex legal issues and significant personal impact. Benti represents clients through negotiation, mediation, and court proceedings, advocating firmly when litigation is necessary while encouraging resolution where possible.

Her practice includes parenting arrangements, parenting time, parental responsibilities, guardianship, Section 7 expenses, support claims, and the division of family property and debt. She also assists with separation agreements, prenuptial agreements, and cohabitation agreements under British Columbia law. Benti speaks fluent Punjabi and conversational French and Gujarati, allowing her to serve a diverse range of families across BC with clarity and cultural sensitivity.