Wife re-married and living abroad, can I file for divorce without her?

Anonymous Asked:

Hello,

More than a year ago, my wife and I had a mutual agreement to separate and divorce (We divided our assets at that time as well). Our intentions was to legally file for divorce after 1 year of separation. Shortly after our separation (approx. 2 months), she moved out of the country and has since re-married and is living abroad with her new husband.

With my wife now living abroad and not accessible, can I file for divorce without her?

Please advise, thank you.

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Andrew Heft

11 years ago

Yes you can obtain your divorce even without your ex-spouse’s collaboration. The important part is that she be aware of the divorce proceedings. In other words she will need to be served with the divorce papers which should include mention that you seek to have the separation agreement ratified by the Court.

Once done it is possible for you to file the separation agreement and ask the Court to ratify it. If she does not contest this you can proceed by default. If she was properly served and does not contest the Motion she is recognized as tacitly accepting the terms set out in the divorce motion.

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