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Am I stuck married to someone?

Posted in Divorce, Location, Montreal, Quebec by Questions on February 19, 2015

I was married in France. I am a Canadian who lives permanently in South Korea. My French spouse who I have been separated from for two years lives in Portugal. The country I reside in, Korea, only grants divorces for Korean nationals. French divorce law states that I need to have lived in France in order to proceed with a divorce. Canadian divorce law states I need to have lived in Canada. Am I stuck married to someone?

1 Expert Comment

  1. On February 19, 2015 at 9:31 am
    Andrew Heft said:

    You did not mention the conditions for divorce in Portugal. This could be your solution insofar as residency of at least one spouse is often the criteria in Western countries.

    Otherwise there is unfortunately no other solution if either you or your spouse are no longer residents of Canada.

    Some jurisdictions (countries) will permit consensual divorces even though the parties are non-residents. Please note however that there could be issues with having such divorces recognized in other countries.

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