In theory, getting divorced should be a fairly simple process as long as there aren't many areas of contention. One man who has been separated for six years from his wife is finding out just how complicated a divorce can be if everything isn't done just right.
In Canada, there is a central registry for all divorces. When a person files for a divorce, the information is put into the database. The database is checked to determine if that person already has a divorce petition on file. In most cases, that doesn't cause any issues.
The man in this case filed for a divorce, but the petition was dismissed in 2001 because there was a custody issue. When the petition was dismissed, the application for divorce wasn't cleared out of the central registry. That made a judge believe that the man was trying to get a second divorce when he filed his divorce petition again after the custody issues were settled.
The issue in the central registry has been corrected, but the man notes that he is still unable to legally end the marriage. He notes that the process has been stressful and frustrating.
With the latest denial of his petition based on the assumption that he was trying to defeat the court system, the man says he isn't sure what to do. His original divorce petition was filed in Ontario; however, the man now lives in Nova Scotia. Theoretically, the man could file his petition for divorce again as long as he meets the requirements for filing in Nova Scotia.
When it comes to getting a divorce in Canada, everything must be executed properly. When there are issues during the process, errors might occur that can prevent you from getting a divorce.
Source: CTV Atlantic, "Clerical error lands N.S. man in divorce nightmare," Nov. 05, 2015