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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I was married in South Africa. I am a Canadian citizen now

Customer Question

I was married in South Africa. I am a Canadian citizen now and my husband decided to stay in South Africa. We have been separated both emotionally and geographically for 7 years. I have filed all my taxes as "separated"
My husband has no interest in Canada or me
Where do I stand with regard to Canadian law? I do not have the funds to pursue a divorce across the ocean.
Cheryl Holtzhausen
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.

Because you are a resident of Canada you would apply for the divorce in your own province.

There are two ways to apply.

First, you can apply on your own and have your former spouse served with the divorce application which he can ignore. You would then note him in default with the courthouse and shortly after that your divorce judgement would be signed.

The other way to apply would be to apply jointly where your former spouse would sign the application along with you and you would then file this documentation with the court.

In neither case would you attend before a judge. Rather, this would be done "over the counter", which means that a clerk at the courthouse office would take your file to a judge to sign the divorce judgement. This would take several weeks in total.

Customer: replied 6 months ago.
This is not helpful as I have no contact information for my spouse in South Africa
Customer: replied 6 months ago.
Please do not bill me for this.
Expert:  Legal Ease replied 6 months ago.

First, I do not work for the site and you have most assuredly already been charged as the site is not free.

Second how would I have known this?

You asked if you had to get divorced in SA and I said no and then went further and explained what to do.

Do you want me to continue and explain what you must do if you don't know your spouse's address?

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