Service member wife now back in Canada


Hello Jim. I'm a Canadian spouse married to a Navy stationed in California. Unfortunately, since I'm back in Canada I have no way to go to court and get a divorce. My husband is taking his time because he gets a lot of money from the marriage and I know it's illegal being married and separated. I would like to know my option for a fast divorce without the need to go to court. Something that can be done really fast? Thank you for your help, Jim.

Jim's Reply:

I can't offer any comment on Canadian law but to my knowledge, being married and separated isn't illegal unless the marriage was set up to perform a fraudulent action. Beyond that, getting a divorce outside of a courtroom isn't an option. Marriage is a legal action and divorce will also be a legal process that will be properly adjudicated and recorded. In many cases either party can file with a local divorce or family court without an attorney being required. In this case he could simple find a local family court or visit a JAG officer and proceed to file. Again, I haven't a clue about how divorces happen in Canada but I'd almost bet you could DIY if you went to a local court and asked around. Good luck!