1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

divorcing a spouse whose whereabouts are unknown

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

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?

Expert Comment:

Subscribe
Notify of
0 Comments
Inline Feedbacks
View all comments
A Family Lawyer
7 years ago

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.

Latest Questions Asked:

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

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 h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions
magnifiercrosschevron-down
0
Would love your thoughts, please comment.x
()
x