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Long distance Divorce: Where to start?

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Anonymous Asked:

)I married a man that I met through a internet dating sight 5 years ago (2009)and been having a long distance relationship with. He's from the UK and he moved to Spain for work one year ago, After visiting each other we got married Dec 2012 in Nova Scotia Canada. The distance was having a toll so we decided I would move to Spain to be with but between me preparing to go there we started to argue about any or everything. Anyway I moved there in April 2014 but it didn't get better He was very cruel and verbally abusive I'm back in Canada lost, upset and a mess he wants a divorce. We have no children or property together. What or how can I go about handling this situation?

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A Family Lawyer
6 years ago

In order to make application for divorce, section 3 of the Divorce Act, requires that one party have been residing in the province in which the court application is made for at least one year immediately preceding the commencement of the proceeding. If you intended to relocate to Spain for an indefinite period of time, then you have not lived in your province for at least one year and he has not lived in any provinces and as such there is no jurisdition to commence the divorce application, in Canada. If after consulting with a lawyer you decide to seek to address spousal support or property, asset division, then you could make that court application even though you recently returned in April 2014. In the UK, he could commence the divorce application and include other forms of relief, or the divorce case could potentially include certain other claims, I am not familiar with the UK divorce process. You likely prefer to have matters address in your home province rather than in the UK.

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