Legal Question in Family Law in Canada

Re: divorce

The information above is provided as an accomodation only, and should not be construed as either the provision of specific legal advice on which you may totally rely, or as the creation of an attorney- client relationship.

Generally a divorce can be obtained in the area where one of the parties lives at the time the divorce is filed. Canada should have jurisdiction over the marriage. Thus allowing you to file for a divorce there. You would have to comply with Canadian law regarding service by publication.

To increase the probability that the divorce is recognized in the United States, you may wish to consider following the requirements for service by publication in California. That is check with the deparment of motor vehicles, woter registration and family or friends for his current address. Then have the notice published in a newspaper in general circulation in the area of California in which the two of you lived together. Be sure to state in a declaration how long it has been since you have had any communications, and the steps you have taken to oobtain current address.

If this does not comply with Canadian law take the steps necessary to comply with Canadian law.

The fact that you are a Canadian national and intend to continue to reside in Canada should be sufficient to make the divorce valid.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510