Legal Question in Family Law in Canada

I am a permanant residence in Canada. My wife is in Sri Lanka. We have been separated for more than 1 year. I need to get a divorce on no fault grounds. But my wife is not in favour of the divorce and i am scared she might even come to canada just to fight me. Is it possible for me to obtain the divorce even if she is not in favour of it? If so how long will it take?


Asked on 1/28/11, 8:40 am

1 Answer from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

In British Columbia, if you have been here for at least one year, you can apply for a divorce; it soes not matter whether or not your wife is in favour of it. We can not answer as t how long it will take as that depends on what the issues are; is it just a divorce only, or are there children or step-children; are there assets to divide; is spousal support an issue? These are the main, but not only things that must be known before givng an answer as to how long the process may take. This answer is applicable to British Columbia; the law varies from Province to Province/Territory and may not be applicable to other Provinces/Territories.

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Answered on 1/28/11, 8:59 am


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