The Legality of this


Dear doksdarlin:

Greetings. You will have to check with a Canadian attorney, but I believe that a NC divorce would be legal in Canada - although I don’t know for sure.

If they were separated for one year and one day, then I cannot imagine how she could hold up the divorce here in NC.

I don’t know off hand about service in Canada. That would require research which I will not do for the forum, although his attorney could do that for him. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I am asking a question for a friend. We were talking the other night and he wasn’t sure if a divorce here in NC would be legal in Canada. According to him, when they got married, they had to get a lawyer in Canada to look over his previous divorce to see if it was legal in Canada. If it had not been they could not have gotten married in Canada. And she would not have been legally married in Canada. She is a Canadian citizen,(born there, and still lives there). He is an American citizen (born here and still lives here). He wanted to know if it would be better to file here or in Canada. I think it would be simpler to file here, but would it be legal for her??
Also, he was wondering if there was a way she could contest the divorce and stop him from getting it, if he files here. He hasn’t went up there to talk to her recently, and wants to go with all the relavant information. They have been living separatly for over 3 years. The last time they talked about it, she wasn’t at all happy about the idea, and he’s not sure if she will willingly go along with a divorce. Also, can he mail a copy, to serve it, or does he have to either hand deliver it to her, or go through a process server, since it’s in Canada.
He can’t hire a lawyer right now, because he’s currently out of work. And he doesn’t want anything of hers, and he has nothing that she could want. He owns nothing of consequence.</font id=“Book Antiqua”></font id=“Georgia”>[?]