[mabmab]

I and my wife are immigrants of Canada and is intending to have divorce for marriage breakdown but my wife said that she will go home in her home country next year and have no plans to return, can I still file a divorce in her absent in canada?

[smoothy]

If you are a legal resident of Canada... you can file for divorce from there... you DON'T have to do it from the country you got married.

[AK lawyer]

The phrase " immigrants of Canada" suggests that OP means they are immigrants from Canada. If they are in the U.S. and he meets the residency requirements for whatever state they are now in, he could file for divorce there, If, when he files, she has returned to Canada he could have her served with process in Canada and get a divorce here in the U.S. state of residence.

Are there children involved? Is there real property in Canada to be divided? Either of those factors might complicate things.

[Fr_Chuck]

I agree, it is confusing, where do you live now, and are you legal residents there?

Why are you not filing for divorce NOW, why wait till next year ?

What country is she moving back to ?

[Alty]

What status do you have in Canada? Are you landed immigrants, do you have a work visa, etc?

Also, did you get married in Canada?

How long have you lived in Canada?