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Divorcing an American citizen

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Anonymous Asked:

Regarding divorcing an American citizen, I am a Canadian citizen and I am, technically, still married to my American wife. We have been apart for 15 years; she lives in the States and I live in Canada. How should I proceed?

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Stuart Zukerman
5 years ago

A: As long as one of the two spouses has been resident in a Province for at least one year preceding the commencement of the divorce proceeding, the divorce proceeding can be filed in that Province. You would therefore commence the Divorce in the Province in which you reside and have the process server, serve your wife in the State in which she resides. She would then be obligated to file any response or counterclaim in your action within your Province if she wanted to oppose the relief that you seek.

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