Can I divorce him without his consent?

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I am a US citizen and married a Canadian about 3 years ago with the intention of moving to Canada. Things did not work out, and we separated just over 2 years ago and I returned to the US. We have no children or joint property, and I would like to divorce him, but he has refused to speak with me at all or have any further contact. As far as he is concerned, we can stay married forever and it doesn't matter to him as long as he never hears from me again.

My question: Can I divorce him without his consent? What is the process for doing this in the province of Quebec?

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Andrew Heft

10 years ago

You do not need your ex-spouse's permission to obtain a divorce in Canada. All that you really need is permission from a judge.

The complication in your situation is that you need to have been resident of a province for at least one year to be allowed to file for divorce in Canada. If you have left Canada to reside in the United States you can no longer file for divorce in Canada and would need to file for divorce in the United States. I would recommend you consult with a local legal practitioner to inquire into the conditions for filing your divorce motion in the United States.

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