Is there any way to divorce an abusive spouse that is in prison without them knowing about it?
Not under Canadian law. The incarcerated spouse would know of the divorce proceedings when he or she is served with legal documents once their spouse files for divorce. Note that being incarcerated does not constitute a separation for the purpose of divorce. You cannot hide a divorce action from the other partner. The threat of physical danger is certainly reduced if the abusive partner is incarcerated. Both parties must be aware of the divorce process, since a person’s legal status changes once he or she is divorced. In a case such as this, where abuse is a risk, having one party find out about a divorce after the fact might be somewhat risky.
