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Married for two months to a non-Canadian

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Anonymous Asked:

I have been married for two months to a non-Canadian.  He was here on a visitors visa. How do we apply for a divorce? Does he have to be in Canada? We have no assets or children, and have never lived together. Do the regular divorce rules apply or is there some sort of short cut?

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The regular divorce rules apply. As long as one or both of you have ordinarily resided in a Canadian province for a minimum of one year prior to the commencement of a divorce Application then a divorce Application may be commenced. The fact that he is not Canadian would then be irrelevant to the issues of when and where a divorce may be commenced.

In order to obtain a divorce one of three grounds must be proven:

1. Adultery;
2. Cruelty; or
3. Living separate and apart for more than one year.

There is no “faster” way to obtain a divorce for anybody. You are welcome to telephone me at 866-557-3222 for a free consultation, if you wish.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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