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I'm a US citizen married to a Canadian, we got married in Canada, how do I file for divorce from Calif.?

Santa Cruz, CA |

I'm a US citizen that moved to Canada in '06 and married a Canadian Citizen. The marriage was abusive and I ended up leaving in late '07. I just want to divorce him without having to go all the way back there, I don't want any of his stuff, or money, I just want this marriage to be over and done with since he just got his new girlfriend pregnant.

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Filed under: Divorce
Attorney answers 1

Posted

If you live in the united states, you can divorce your husband here by serving him with papers in Canada, under what is known as "long arm" jurisdiction. However, this only permits the court to divorce you - the court cannot, for example, divide property or make custody orders unless it has jurisdiction over property and children, which it does not under this type of service. Of course, your husband can agree (and he may, since he probably wants the divorce as well) to accept service voluntarily.

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