Canada, 21st August: Are you a Canadian couple wanting to get divorce from outside Canada but don’t know how to begin with?
Well, lack of knowledge with regard to filing divorce from outside Canada could become a source of confusion and worry for anyone of us.
Many couples decide to divorce for varied reasons. However, in order to file for divorce outside Canada, they need to pursue various legal requirements.
Divorce from outside Canada?—If you are desirous of filing for divorce from outside Canada because you are living, working or travelling there, you can do so. But, it will require some additional work. You need to keep in mind that divorce rules differ from one nation to another. So, you must have an understanding of these requirements.
Validity of divorce outside Canada—For a divorce to be considered legal or valid in Canada, as a legal requirement, you or your spouse must have stayed in that nation for a minimum of one year before filing for a divorce, but, even if you have not lived in that nation for a minimum duration of one year, your divorce is likely to be considered legal provided the person filing for divorce can provide proof that he or she had a substantial and real connection with that region or place.
Requirements–A requirement is that you need to have a certified copy of your divorce order if you have been divorced in any other nation (for example, outside Canada—in case of a Canadian couple).
Although, it should preferably be in either French or English, but if it’s in any other language, then you need to provide a copy translated by any certified translator. In addition, a letter is needed from a lawyer in Canada saying your divorce must be recognized under Canada law.
What you need to do for filing divorce outside Canada—
- You need to fulfill residency requirements of the particular state from where you desire to file divorce.
- File divorce papers with the court in the form of a divorce petition.
- Get any other additional papers or documents needed including financial statement, proposed parenting plan etc.
- Verify the petition and sign it. Petition for divorce needs to be signed as well as notarized.