Legal Question in Family Law in Canada
how do i go about getting a divorce when i cant find my spouse to serve her the papers
Asked on 1/11/10, 2:22 pm
1 Answer from Attorneys
Donald McLeod
Donald R. McLeod Law Corp.
In B.C. you would file the necessary Writ of Summons and Statement of Claim and then make application for a substitutional service order based on affidavit evidence of why you can't locate her and the efforts you have made to do so. It is not terribly difficult but is not dead easy either. We urge you to contact a lawyer who can do so for you and even if you do not want to hire the lawyer for the whole case, a lawyer should be able to put the application together (Notice of Motion, Affidavit and Notice of Hearing) for a reasonable cost. It would take about 2 hours of a lawyer's time to interview you, prepare the documentation, and report to you.
Answered on 1/11/10, 5:59 pm
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