My "man-friend" is still legally married to his second wife,

Question

My "man-friend" is still legally married to his second wife, who lives in the
U.S. The
'wedding' took place in 2004 but they never actually lived together in the same
residence as man & wife for any more than a few days or weeks at a time. The
wife has always had and retained her own residence in the U.S. and my friend has
always maintained his home in Ontario. They have not even seen each other in 3
or more years. My friend wants to pursue his divorce (as it never was a 'real'
marriage) and move on with his life. There were no joint assets acquired after
the marriage, nor were there any children of the marriage. I think the most
time-consuming part is going to be to obtain a certified true copy of the
Marriage Certificate from the applicable court in the U.S. However, the question
is:
Does the 'wife' necessarily have to agree to the Divorce and what, if anything,
can we expect her to come back on him with? There's never been any financial
support provided -- it's seems to be just a stupid mistake of actually a
non-marriage.
Thank you for any insight or suggestions you may be able to provide.

Debra · Accepted Answer

Debra Thal (username) :

He can apply for a divorce in Canada because he lives here.

Debra Thal (username) :

She can contest the divorce but has no grounds for doing that from your post.

Debra Thal (username) :

They are separated and have been for over a year so there are grounds for the
divorce.

Debra Thal (username) :

There are no assets, children or issues of support so it would be irrational for
her to contest t.

Debra Thal (username) :

it.

Debra Thal (username) :

I don't think he would get a copy of the marriage certificate from a Court.

Debra Thal (username) :

In Canad that is through the government and it can be ordered online for a small
fee.

Customer:

One thing we are concerned with is that apparently the wife can be "a little off
the wall" from time to time in her actions/reactions. Have absolutely no idea
how she may react when served with divorce papers. Also, do you think this is a
type of case where we could file the court papers ourselves to keep expenses
down, or should a lawyer definitely represent my friend due to two different
countries being involved?

Debra Thal (username) :

You don't need a lawyer unless she turns around and contests.

Debra Thal (username) :

But someone who is not your man-friend must serve her.

Debra Thal (username) :

It can be a friend or a process server.

Debra Thal (username) :

Really anyone but him.

Customer:

It's my understanding that the serving process can also be done by registered
mail, with a confirmation of delivery. I also notice on a 'questionnaire' form
that it also asks about past divorces, etc. -- what does a person do if they
don't have that information available pertaining to the spouse being served?

Debra Thal (username) :

Sorry. I had to answer the phone.

Debra Thal (username) :

You can serve her that way but she needs to co-operate and so you can try that
first and see if it works.

Debra Thal (username) :

Then he would say unknown.

Customer:

As you said earlier, there's really no reason for her to contest the action,
other than she apparently likes being married to a Canadian resident. My friend
is just so 'over' her and questions himself how he ever allowed himself to get
roped in to begin with. If she contests the divorce, it would only be to be a
'witch' as she has absolutely no reason whatsoever to even hallucinate that
there are any feelings for her at all. Any ideas on what should could possibly
contest??

Debra Thal (username) :

There is nothing.

Debra Thal (username) :

So I would not start worrying about that now.

Debra Thal (username) :

But keep my name and if something goes awry post again and put my name in the
subject line.

Debra Thal (username) :

I can then help you figure out what our best next step would be.

Debra Thal (username) :

It will be OK though as she cannot keep him married to her. There's no way.

Customer:

Thank you for your assistance. I am going to "save and exit" now and begin
hounding my friend to get going on this. I've suggested to him it's in his best
interests to pursue this and get it through -- it could only get worse the
longer this situation exists. I will be sure to keep your name, as you
suggested, for any future questions. Again, thanks.

Debra Thal (username) :

Don't forget to click accept!

Debra Thal (username) :

This authorizes the site to pay me.

Debra Thal (username) :

And you are very welcome.

Debra Thal (username) :

Take good care,.

My "man-friend" is still legally married to his second wife,

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