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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-07-2006, 02:16 AM
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Default Strange divorce circumstances

Hi,
I was married in 1994 and my husband was deported from Canada to his own country in spring 2002. We were living in Vancouver.

Since then, I have moved to Toronto (summer 2002) bought a condo and have been physically and partly financially responsible for our three children for all that time.

He sends me money every month (we have no formal agreement, and do not need one as we have remained friends) The children visit him in the summers.

We have both come to the conclusion that we will never be together as man and wife again, since he can't be here and I don't want to bring the children up in his country. The only thing holding us back for the past couple years is the cost and confusion of a divorce, especially in our circumstances.

I'm not in need of anything, but I have a strict budget, and make enough money that I wouldn't qualify for any legal aid help.

If we were to file an uncontested divorce how would we go about it since he is over seas and I am in Toronto? How would the papers be signed, he can't show up in court or be served, can he do it by fax? Would I even need to involve him?
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Old 01-08-2006, 12:44 PM
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Hi HoneyBee and welcome to the forums!

If he's agreeable to getting the divorce, you can simply serve him by mail. All your husband needs to do is sign a card stating that he received your application for divorce in the mail. He wouldn't need to sign any other papers unless he was contesting the divorce. He wouldn't need to appear in court (nor would you).

As you've lived in Toronto for a year, you could file for the divorce there.

You can find out more about uncontested divorces here:
http://www.ottawadivorce.com/unconte...ce-ontario.htm

It's good to see a divorce that isn't very messy!
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Old 01-09-2006, 10:31 AM
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HoneyBee,

Please also take a look at this thread:

http://www.ottawadivorce.com/forum/s...tested+divorce

There is a post on there that gives a quick rundown of everything that must be done in a simple uncontested divorce.

Lindsay
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Old 01-12-2006, 02:44 PM
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Thank you so much!! I'll check out those threads for sure!
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