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Canadian Citizen divorcing American ?

Posted in Divorce, Hamilton, Location, Ontario by Questions on September 20, 2013

My spouse and I married in the states ( specifically in NC) in 2006. She is an American citizen, and living in AL.I have been out of work for a time prior to our separation and now back working,made $5600 last year, and will make $21,000 this year. We have no children born of the marriage. She makes roughly about the same as I do, but was employed longer during our marriage. We are 31 and 35. If I file here,can she counter sue and ask for support? I know that she makes too much to qualify for public assistance in the States. I barely survive on what I make. I returned home with no physical belongings other than some clothing. She has everything else that was purchased or acquired during the marriage ( home furnishings, etc.). Before I was laid off in the states, I made substantial earnings, totaling 2-3 times her income. The laws where she is are much different than they are here. Will the laws of her location in the States have any effect of filing for divorce here?

1 Expert Comment

  1. On September 20, 2013 at 10:40 am
    Lorrie Stojni, B.A., M.A., LL.B. said:

    In order to commence an Application for Divorce in Canada, (in any province) you must be ordinarily resident here for at least one year. If you meet that requirement, you can commence an application here. I suggest you consult with a lawyer in your area for further information.

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