How to divorce him without knowing where he is?

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We married in China 2006. He was not issued a visa. After living together half month there, we never see each other. Now I lost contact with him for long time. I want an offical divorce. How can I file my divorce paper?

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

10 years ago

Answer: First, and this is important, DO NOT commence a claim for a divorce in China. We can obtain the divorce for you in Canada, which is better for you. In short, we can commence an Application for the divorce. We will have to make reasonable attempts to serve him in China. If we cannot find him, and the ONLY request being made by you is a divorce, then we can seek a Judge’s Order dispensing with the service requirement. A Judge would almost certainly agree. Thus, we should have no difficulty obtaining the divorce for you in Ontario – even if we cannot find him in China.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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