we were married in the States, and I am Canadian. We have been seperated for 5 years, but I have no idea where he is. There is no communal property, but we have a daughter who will be 6. A little help please?
2006-08-16 04:23:12 · 11 answers · asked by Jennifer R 1 in Family & Relationships ➔ Marriage & Divorce
my daughter is a dual citizen cause she was born in the States, but because I am a Canadian she also has citizenship here.
2006-08-16 04:42:41 · update #1
Do some research because I'm almost positive that after some years, if you have no idea where he is, you can divorce. Now, with a child, that may be different. There are a lot of laywers that would give you guidance for free.
Now, in regards to child support, you can report him for child negligence and if you have his social security number, DOB and full name, they will find him. Also, if you are in Canada, you want to contact Family Court Division and ask.
I can only imagine what you must be going through and I wish you the best of luck.
2006-08-16 04:45:43 · answer #1 · answered by lovely butterfly 2 · 0⤊ 0⤋
Canadian divorce laws have a 2-year no-fault rule... you can file for divorce based on the fact you have been estranged for five years alone.
Is your child a Canadian? I'd definately be speaking with a family lawyer about your child... and how far you have to go to notify him of your intent for custody - the last thing you need is him coming back in another 5 years and causing legal problems (even though it is VERY unlikely he would be successful, it would be troubling for your child to go through).
I'm fairly certain you do NOT have to deal with the American courts to get a divorce (but ask a lawyer to be sure)..
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2006-08-16 04:39:00 · answer #2 · answered by mama_bears_den 4 · 0⤊ 0⤋
UK law is after 3 years of separation u can automatically file for divorce and the other party cannot contest this law,as for the child no court in the world would give custody to someone that has been missing for 5 years.
2006-08-16 05:09:40 · answer #3 · answered by stevie m 2 · 1⤊ 0⤋
Contact the state and county you got married in for advise. Each state, country has there own guidlines. Sometimes they have you file a notice looking for the person in the paper and if there is no reply with in a certain period then the judge will normally grant your divorce. Good luck
2006-08-16 04:45:25 · answer #4 · answered by Dana L 1 · 0⤊ 1⤋
Apply for the divorce. Put an add in the paper for the last place you know that he was living. If he does not respond the divorce will be granted. You usually have to run the add for 2 weeks.
2006-08-16 04:35:12 · answer #5 · answered by lynda0322 2 · 0⤊ 0⤋
Well, we all lived in the states, but my mom was in the same position when I was in high school--my parents split up and went their seperate ways, never kept in touch, and then she met someone else years later and wanted a divorce. Anyway, a private investigator found him, I'm not sure, but I think he may have been hired by her attorney.
2006-08-16 04:29:25 · answer #6 · answered by I'm just me 7 · 0⤊ 0⤋
Get an attorney. They can advise you on how to handle this situation. It wounds like an abandonment issue and could take some time to weed through. My best of luck to you.
2006-08-16 04:29:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
In Canada after so many years and you've had no contact you can divorce on grounds of abandonment. Not sure how many years it is though. Happened to my sis. He was American too, she basically had him declared dead.
2006-08-16 04:35:29 · answer #8 · answered by just me 3 · 0⤊ 0⤋
Go and file for divorce, if he doesn't turn up and sign the papers after a while if it is uncontested you will be divorced anyway.
2006-08-16 04:39:45 · answer #9 · answered by ladyg 3 · 0⤊ 0⤋
DEPENDS ON THE LAWS OF LAST STATE YOU LIVED IN WITH HIM. THERE WILL BE NO PROBLEM GETTING DIVORCE, WITH OR WITHOUT HIM. THERE WILL PROBABLY BE A TERMINATION OF HIS PARENTAL RIGHTS. GET IN TOUCH WITH A LAWYER IN THE COUNTY YOU LIVED IN AND GO FROM THERE. GOOD LUCK BABE.
2006-08-16 04:42:41 · answer #10 · answered by sinned 7 · 0⤊ 0⤋