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How can I get a Divorce?
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IP Posts: 1
Posted On: 5/28/2015
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Hi,
I am an International student from India studying in Canada since Sept 2012.
I went to India for a visit in May 2013 and I got married.
I left India next day to come back to Canada to continue my program.
I went back to India for a visit in May 2014 for 3 months and continue to reside with my parents.
In past 2 years my husband and I have established that we do not wish to be together and like to get a divorce.
He is in India and I recently graduated from my program.
How can I get a divorce without going to India?
Please advice.
Thank you.
IP
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Moderator Moderator Posts: 4142
Posted On: 6/4/2015
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Hello IP,
Thank you for sharing your situation and question with us.
You can find some helpful information in our our Settlement.Org How can I get a divorce in Ontario? article.
Here is an excerpt,
You do not have to be a Canadian citizen to apply for a divorce, but there are certain criteria you must meet.
Eligibility Criteria
If you want an Ontario court to officially end your marriage, you can apply for a divorce if you meet these 3 eligibility criteria:
-You were legally married in Canada or in any other country.
-You intend to separate permanently from your spouse or have left your spouse already, and you do not believe there is a possibility you will get back together.
-You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.
and
Before starting a divorce, it is recommended that you seek legal advice from an expert in family law. An expert such as a lawyer can tell you how the law applies to your case and how you can protect your rights. You can find a lawyer or ask for some information and referrals at a Family Law Information Centre in an Ontario family court.
You may want to contact the nearest Family Law Information Centre for some additional information and for information that is specific to your situation.
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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