1. Yes, if she is residing in Canada for a year and you have been separated for 1 year (so called no fault divorce)
No-fault divorces require a completion of a 1 year separation period.
Fault divorces are filed under the grounds of adultery or cruelty. In these types of divorces you are required to provide evidence to substantiate your claims. Be sure to carefully research “for fault divorces” and retain legal representation if this is the way you choose to file.
Step 4: Determine if your divorce is contested or uncontested and specify the type of divorce on your application.
Uncontested divorce: both partners agree to the reasons and terms of the divorce. These divorces need only one application.
Contested divorce: spouses do not agree on the reasons and/or terms for the divorce. In this case, both spouses are required to file a separate divorce application.
