Family

Can you file for divorce if your spouse lives abroad?

Man on a train thinking about divorce

Canada welcomes hundreds of thousands of immigrants every year. Unfortunately, marriages have difficulties here as well. Sometimes spouses separate and live in different countries. Is it possible to file for divorce while living in Canada while the other spouse is back home? It is possible, and let’s take a look at the process.

In order to be eligible to file for divorce here in Canada, you must reside in the province for at least a year. You also need to be separated for at least a year. But most importantly, you need to ensure the other party will receive a notice of your divorce application. There are many ways to go about it, but if both parties consent to a divorce, it is usually not a problem to proceed with the divorce.

The difficulty is when you are unable to locate your spouse. It would be challenging to serve the other party with the documents. There are steps that can be taken; however, this is when it becomes burdensome. It will require a lot of work to process that request, but it’s possible.

Basically, if it’s an uncontested divorce and both parties are aware of their whereabouts, you have a very easy case.
For more information, please contact our office.

Canada welcomes hundreds of thousands of immigrants every year. Unfortunately, marriages have difficulties here as well. Sometimes spouses separate and live in different countries. Is it possible to file for divorce while living in Canada while the other spouse is back home? It is possible, and let’s take a look at the process.

Legal Disclaimer:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information, laws and regulations may change, and the content may not reflect the most current legal developments.

Readers are advised to consult with a qualified lawyer for advice regarding their specific legal situation. Viewing or interacting with this content does not create a lawyer-client relationship with Kozyrev Law P.C. or its representatives. For personalized legal assistance, please contact our office directly.

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About the Author: Valeriy (Larry) Kozyrev

Valeriy (Larry) Kozyrev is a seasoned lawyer with decades of experience in immigration and family law, dedicated to serving clients across Toronto and the Greater Toronto Area. Since 2006, Mr. Kozyrev has built a distinguished career in immigration law, helping thousands of clients immigrating to Canada. He also represented clients before the Immigration and Refugee Board and skillfully handled complex issues such as inadmissibility, sponsorship appeals, and refugee claims. In 2019, he expanded his practice to include family law, where he provides compassionate, results-driven support in matters like child custody, child support, alimony, divorce, prenuptial agreements, and separation agreements.
 
As the lead lawyer at Kozyrev Law P.C., Mr. Kozyrev is committed to guiding clients through the sensitive and often overwhelming landscape of family law with professionalism and empathy. Whether navigating the challenges of divorce or securing the future of one's family, clients can rely on his expertise to explore their legal options confidently. Mr. Kozyrev’s proven track record reflects his unwavering dedication to achieving favourable outcomes, making him a trusted advocate in both immigration and family law.