Legal Question in Family Law in Canada
How can I get a divorce in canada when the location of my spouse is unknown?
Asked on 3/06/11, 4:10 pm
1 Answer from Attorneys
Donald McLeod
Donald R. McLeod Law Corp.
It can be done; however we strongly suggest you retain a lawyer as the process can be comples. Among other things, your lawyer will have to obtain a particular type of order dealing with service of the divorce documents on your husband "substitutionally". Once the Court has orded this (substitutional service can be done in a numbe of ways depending on what the court thinks is appropriate), then a divorce lawsuit may proceed. In order to get the order to serve you husband substitutionally, an affidavit with paticular facts must be used, and this is generally too complex for someone to do by herself.
Answered on 3/07/11, 6:25 pm