My spouse will agree with the divorce claim, is there a way that I don't need to travel to Canada to go before a judge?

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Customer: My spouse will agree with the divorce claim, is there a way that I don't need to travel to Canada to go before a judge?
Answered by Counsel Creed in 28 mins 2 years ago
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Counsel Creed
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Counsel Creed, Expert

Hi, thank you for contacting Just Answer. Where are you? Where in Canada is your husband? Which one of you wants to start a divorce application?

Customer
I am an Australian citizen that lived in Canada for a few years, while living in Alberta I married a Canadian citizen. the marriage broke down quickly and we were separated within 6 months. I moved back to Australia and she now resides in Kamloops BC. We have no children or shared assets and this will be an uncontested divorce. We are both motivated to get this done as quickly and simply as possible. I would like to know if it is possible to do this without myself travelling to Canada and if so how do I go about it.
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Counsel Creed, Expert

First of all you can get divorced EITHER IN CANADA OR IN AUSTRALIA. If you are fine with her starting a divorce proceeding in BC, that is fine. It is a very simple application for the so called "uncontested" or "desk" divorce. Once she files the documents she has to serve you. Normally, if you lived in BC it would be personal service. Since you are in a foreign jurisdiction she has to obtain an order for service ex iuris. Once you GET SERVED with her application, there will be several instruction for you on the very form. The best thing for you is NOT TO DO ANYTHING, but simply let the deadline for your response pass by. Once it is passed she will apply for SIMPLE DIVORCE without further notice to you. Here is a very good guide for her to follow: https://familylaw.lss.bc.ca/separation-divorce/getting-a-divorce/do-your-own-uncontested-divorce/sole-application#0

Customer
thank you that will get us started
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Counsel Creed, Expert

you are welcome. Now, if you have no further questions, will you kindly rate me on your page before you leave it? You can do that by clicking on 3, 4, or 5 stars in the top right-hand corner. THat is the only way I will get paid. Thank you.

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