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divorcing a spouse whose whereabouts are unknown

Posted in Divorce, Location, Ontario, Toronto Downtown Core by Questions on December 11, 2013

I was briefly married for 3 days before my spouse was arrested and then later deported 15 years ago. We have had no contact at all and I do not know how to contact him. I have lived as single person since but now I would like to get remarried! Is it possible to get a divorce without the other party being served as I think he is not residing in Canada and I have no contact with his family either. What are my rights and obligations in this situation?

1 Expert Comment

  1. On December 16, 2013 at 11:57 am
    A Family Lawyer said:

    You would start your divorce application – issue the application. Then seek an order granting leave dispensing with service on him. If you obtain the order dispensing with service you don’t need to find him. In addition to the materials to get a divorce you would complete a motion and affidavit. The affidavit must set out full details as to reasons why you cannot find him and why attempts would be ineffective at locating him and therefore you are not able to serve your materials on him, I suggest you consult with a lawyer for more information.

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