It is quite possible to get an amicable divorce from a spouse who does not live in Quebec. It is possible to divorce in Quebec, both from a marriage that was celebrated in Quebec, and from a marriage that was celebrated in a foreign country or in another Province or Territory of Canada.
We are frequently contacted by a spouse who wishes to obtain an amicable divorce from a spouse who does not reside or no longer resides in Quebec.
Very often, the husband who is in Quebec thinks, wrongly, that he will not be able to divorce if the other husband is not physically in Quebec to carry out the divorce procedure amicably.
Divorcing a spouse who does not live in Quebec
Divorcing a spouse who does not live in Quebec will result in them having to produce certain documents they have signed, including a document in sworn form.
This signature can take place in front of a lawyer, a notary or a commissioner for oaths practicing in the country (jurisdiction) in which this spouse is located.
The documents to be produced for an amicable divorce application are:
- the divorce application,
- the draft agreement,
- detailed affidavits that must be sworn,
- the sworn statement under section 887.5 of the Civil Code of Quebec, if applicable,
- the child support determination form, if applicable.
Procedure for remote amicable divorce
Mtre Salehi and her team can provide remote support for spouses who want an amicable divorce. Legal consultations and meetings are then carried out by video conference or by telephone. The exchange of information and documents can be done by email and by post, depending on their nature.
Mtre Mona Salehi Inc. – Notary in Montreal