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Married in Canada...Divorce Help
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jusandee Posts: 1
Posted On: 10/25/2014
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I am a resident of Canada and am married to a non resident who has disappeared since returning to his home country.
I am outside of Canada (California) taking care of my mom, and need to get a divorce.
What is my best option, and how do I go about it since I am unable to locate my husband?
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Moderator Moderator Posts: 4075
Posted On: 10/27/2014
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Hello,
Thank you for sharing your situation and question with us.
According to the Department of Justice website in the "How to Apply for a Divorce" section,
As a general rule, only Canadian residents can divorce in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada's Divorce Act. But you may be able to end your marriage under the Civil Marriage Act if you meet BOTH of the following criteria:
-You married in Canada; and
-You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.
To undo your marriage under the Civil Marriage Act, you would need to apply to a Superior Court in the province or territory where you married. A lawyer in that province or territory may be able to advise you on what you need to do. You may also be able to get information from a Superior Court or from the Department of Justice or Attorney General in the applicable province.
A process under the Civil Marriages Act only ends the marriage. You would need to resolve other issues such as child support and spousal support under the laws of the country where you live.
If you were referring to starting the process in California, you will have to find a qualified lawyer who is very familiar with the process. Unfortunately, we are not familiar with the process in California.
According to the California Courts - The Judicial Branch of California website,
The family law facilitator or self-help center in your court may be able to help you with the divorce or legal separation process and help you understand what your options are, decide what you want to do, and get started with your paperwork.
Contacting a Family Law Facilitator or Self-Help Center may be an option for you in terms of finding out what the process is and if you are eligible.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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