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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100996
Experience:  Lawyer
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I have been separated from my spouse 20 years and I have no

Customer Question

I have been separated from my spouse for over 20 years and I have no idea if he is dead or alive but when I spoke to a family lawyer at the court house, she told me I had to locate any family member of his and ask them if they know where he is. If they don't, I must get signed affidavits saying so. I have no idea of where his family members are or what their last names are ***** ***** just want a divorce... That's all... how do I get one with out having to go thru all this stress. ???
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

You cannot simply get a divorce. That is just not how our legal system works.

He needs to be served with papers.

You will have to get an order for what is called substituted service. What this means is that you have to prove to the Court that you tried your best to find him and if you can prove that then the Court will allow you to serve him through an alternative way, such as serving his family, advertising in the local paper etc.

But, you do need to be able to show your efforts to locate him or the Court will not consider your request.