Can I divorce my spouse who lives in another country

Anonymous Asked:

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario.
I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and have her send it back with signatures on a hardcopy?
Hoping there's a simpler way.

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Andrew J. Kania, LL.B., LL.M.

4 years ago

The exact answer to your question depends on the Province that you live in. What is clear is that the Judge considering the divorce will want proof that she has been properly served. If she will admit to the service that will be helpful. If not, then she may have to be served in accordance with the Hague Convention. You should definitely speak with one of our Canadian divorce lawyers, in the Province that you live in, for guidance.

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