Married over seas and want a divorce in Canada

Anonymous Asked:

Hi,

I got married in Chile stupidly out of spontaneity. I was married for a total of eight or nine months, six of which we spent apart (he in Chile and I in Canada) And the last three that we were together he became extremely abusive(spent in Australia). After leaving him I cut off all contact with him and to this day have no way or want to contact him for any reason. We have been separated for well over a year now and I would like to get a divorce to make sure this will never come back to bite me if I do one day deiced to move forward with a relationship. Now is it possible for me to file for a divorce with-in Canada, even though he is not in the country, and I have no contact with him? A friend of mine told me to file for a "One Sided Divorce" and another told me because he was abusive and I had to leave that the marriage could be annulled. I am not sure how to approach this, or what avenues I should even be looking down. Thank you in advance for your help.

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Lorne J. Fine, B.A., LL.B.

11 years ago

The only advantage in obtaining a Divorce based on adultery is that you do not have to wait a year to be separated before you obtain a Divorce. See http://www.Torontodivorcelaw.com for additional information about claiming a Divorce on the basis of adultery and annulling a marriage. Since you are already separated for a year, you can proceed to obtain a Divorce. You will have to bring a Motion to the court for an Order dispensing with service of the Divorce Application (ie. you cannot give him the Divorce Application because you do not know where he resides).

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