FAMILY LAWYER SERVING ALL OVER GTA

Can you file for divorce if your spouse lives abroad?

Canada welcomes hundreds of thousands of immigrants every year. Unfortunately, marriages have difficulties here as well. Sometimes spouses separate and live in different countries. Is it possible to file for divorce while living in Canada while the other spouse is back home? It is possible, and let’s take a look at the process.

In order to be eligible to file for divorce here in Canada, you must reside in the province for at least a year. You also need to be separated for at least a year. But most importantly, you need to ensure the other party will receive a notice of your divorce application. There are many ways to go about it, but if both parties consent to a divorce, it is usually not a problem to proceed with the divorce.

The difficulty is when you are unable to locate your spouse. It would be challenging to serve the other party with the documents. There are steps that can be taken; however, this is when it becomes burdensome. It will require a lot of work to process that request, but it’s possible.

Basically, if it’s an uncontested divorce and both parties are aware of their whereabouts, you have a very easy case.
For more information, please contact our office.


Canada welcomes hundreds of thousands of immigrants every year. Unfortunately, marriages have difficulties here as well. Sometimes spouses separate and live in different countries. Is it possible to file for divorce while living in Canada while the other spouse is back home? It is possible, and let’s take a look at the process.

Similar posts

Divorce

With effect from March 1, 2021, the word ‘custody’ has been replaced by concepts which are more centered with the relation with the children, such as decision making responsibility, parenting time and contact. Let’s dive into this topic today from a family lawyer perspective. Decision making responsibility When two partners separate, a question of care […]

September 11, 2023
7 months
Divorce

First of all, let’s determine the general term. For the purpose of child support, a child is someone who: Any person who is qualified under these requirements, is a ‘child’ entitled to child support from his/her parents. This is the situation in which you might need to ask for the help of a family lawyer.  […]

September 5, 2023
7 months
Divorce

Who is a spouse according to Ontario common law? Spousal support is payable to, but not limited to, a spouse. As stated, spousal support is not contingent merely upon a matrimonial bond. Other cases in which a person can claim spousal support are, either when the parties cohabited with each other for more than 3 […]

August 27, 2023
7 months