Can I get a divorce?

Question

It's been close to a year that my wife and I have separated and I'm going to be filing for divorce soon. The problem is she's overseas and she said that she's not going to sign the papers even though it's due to her lying and being two-faced that we finally separated.

So the question is assuming she's served the papers and refuses to sign them is there a statute of limitations whereby I can get the divorce? Or should I speak to a divorce lawyer for this?

And just in case it matters, I'm in Canada and she's in Japan.

Answer 1

The best person to answer that is a lawyer.  Find a good one that you can afford.  You'll need one.

Answer 2

if the other person refuses to sign then you will have to go to court where a judge will grant your divorce even if she still wont sign so you'll get your divorce but it will take longer and cost more

Answer 3

I don't know about the overseas thing but if you send her papers she has a certain # of days to contest.  If she doesn't contest or she doesn't sign them, you go to court and it is a uncontested divorce and it will be granted.  But I would definately talk to an attorney and make sure this will work.  Not sure if you have kids but that makes things more difficult.

Answer 4

No one has to wait for an indefinite period to get a divorce finalized - rarely do you find the two parties both wanting the divorce. So there are some normal proceedings that have to take place and you have to  then show a timeline of how she is delaying proceedings before your lawyer and the court proceeds without her. Ontop of this she will be given more time as she is not even in the same state or country. So it will take longer even is she was cooperating. So record her phone calls, log her delays, keep good records. You will need that so the court will proceed without her. In the long run, it will only hurt her in the end.

Answer 5

If she is overseas then you may get one granted to you anyway even without her. I would talk to an attorney. She isn't in the service is she? Cause if she is she can hold you up. I would talk to an attorney. If you cannot reach her and do not know her where abouts then you can get one granted on the grounds of abandonment but you have to not know where she is. She can prolong it for so long but yes eventually you will get your divorce

Answer 6

Talk to your lawyer, he will enforce the law, and

she will have to sign the papers.  She is giving you

a hard time which is a sign of immaturity.

Stay single

Answer 7

It it is just because she lied.  Well than shout my mouth and call me shorty.   If you can say that at no time you never never never lied or were two faced than go on get one don't waste time go running like a cry baby to the court

I doubt that you never lied

Answer 8

Oooh, ive ran across a few of those types of girls here in japan! very manipulative and two faced.

anyhow, if you two have been living in different addresses in over a year, you should be able to divorce without both people's consent.  

--------------------------------------...

Divorce laws in Canada

Canada did not have a federal divorce law until 1968. Before that time, the process for getting a divorce varied from province to province. In Newfoundland and Quebec, it was necessary to get a private Act of Parliament in order to end a marriage. Most other provinces incorporated the English Matrimonial Causes Act of 1857 which allowed a husband to get a divorce on the grounds of his wife's adultery and a wife to get one only if she established that her husband committed any of a list of particular sexual behaviours but not simply adultery. Some provinces had legislation allowing either spouse to get a divorce on the basis of adultery.

The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault based grounds including adultery, cruelty and desertion.

In Canada, while civil and political rights are in the jurisdiction of the provinces, the Constitution of Canada specifically made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, that differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces.

The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. Breakdown can only be established if one of three grounds hold: adultery, cruelty, and being separated for one year. Most divorces proceed on the basis of the spouses being separated for one year, even if there has been cruelty or adultery. This is because proving cruelty or adultery is expensive and time consuming.

The one-year period of separation starts from the time at least one spouse intends to live separate and apart from the other and acts on it. A couple does not need a court order to be separated, since there is no such thing as a "legal separation" in Canada. A couple can even be considered to be "separated" even if they are living in the same dwelling. Either spouse can apply for a divorce in the province in which either the husband or wife has lived for at least one year.

On September 13, 2004, the Ontario Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding same-s*x marriages, which at the time of the decision were recognized in three provinces and one territory. It ordered same-s*x marriages read into that act, permitting the plaintiffs, a L*****n couple, to divorce.

--------------------------------------...

Make sure you submit divorce papers in japan too! otherwise you will be considered married in japan laws:

--------------------------------------...

"Japan divorce laws

In Japan, there are four types of divorce. Divorce by Mutual Consent (kyogi rikon), Divorce by Family Court Mediation (chotei rikon), Divorce by Family court Judgement (shimpan rikon), and Divorce by District Court Judgment (saiban rikon).

Divorce by mutual consent is a simple process of submitting a declaration to the relevant government office that says both spouses agree to divorce. This form is often called the "Green Form" due to the wide green band across the top. If both parties fail to reach agreement on conditions of a Divorce By Mutual Consent, such as child custody which must be specified on the divorce form, then they must use one of the other three types of divorce. Foreign divorces may also be registered in Japan by bringing the appropriate court documents to the local city hall along with a copy of the Family Registration of the Japanese ex-spouse. If an international divorce includes joint custody of the children, it is important to the foreign parent to register it themselves, because joint custody is not legal in Japan. The parent to register the divorce may thus be granted sole custody of the child according to Japanese law.

Divorce by Mutual Consent in Japan differs from divorce in many other countries, causing it to not be recognized by all countries. It does not require the oversight by courts intended in many countries to ensure an equitable dissolution to both parties. Further, it is not always possible to verify the identity of the non Japanese spouse in the case of an international divorce.

This is due to two facts. First, both spouses do not have to be present when submitting the divorce form to the government office. Second, a Japanese citizen must authorize the divorce form using a personal stamp (hanko), and Japan has a legal mechanism for registration of personal stamps. On the other hand, a non-Japanese citizen can authorize the divorce form with a signature. But there is no such legal registry for signatures, making forgery of the signature of a non-Japanese spouse difficult to prevent at best, and impossible to prevent without foresight. The only defense against such forgery is, before the forgery occurs, to submit another form to prevent a divorce form from being legally accepted by the government office at all. This form must be renewed every six months."

======================

if i know anything about japanese girls is that they will want to remarry asap (catch some other sorry bloke) so she will be tightening the noose around her own neck.  you could wait for her to take care of it for you on the japan end soon enough.  i dont know if she can use her being married to you to her advantage somehow.  maybe try to get a citizenship in canada?