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We never lived together, can we divorce without waiting a year?

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Anonymous Asked:

Hi i am married since 2013 but did not live with mt husband at all.
I was sponsering him. He came to canada in feb 2015 stayed 3 months and left.
He does not want to come back except to take his stuff.
He wants to come back to his country where we can not live together due to religious problems. We both agreed to divorce.
Since we never lived together, can we divorce without waiting a year?
Is there a way not to wait a year?
Pleaee help

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Andrew Heft
5 years ago

To obtain a divorce in Canada it is necessary to prove the breakdown of the marriage. The breakdown of the marriage can be proven following one year of separation or if proof can be made, without collusion with the other party, that there has been adultery, physical violence or mental cruelty of such a kind as to render cohabitation impossible.

The one year period is your only option in this case insofar as there is no indication of any other of the options that would prove the breakdown of the marriage as per the Divorce act.

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