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  • Valeriy (Larry) Kozyrev

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.

*Note: This article is not intended to provide any legal advice to any reader. It is advised that you seek a legal expert’s opinion to know what provisions and exceptions apply to your case, in your best interest.*

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