Canadian and American - How to Divorce?

Anonymous Asked:

Canadian and American - How to Divorce? I'm Canadian. I married an American in the state of California in 2011. After doing all the immigration paperwork successfully this marriage is not and has not been working. I've never ever lived with him, we have an no "community assets or debts" as you can not open bank accounts in the US unless you have a permanent resident card. (Pheww perhaps a good thing).

We have no children either and have been married under 5 years. Literally have had little conversation via phone or email since January 2013 - sporadic at best based on his mood.

I just want closure. I have looked at the California options and I suppose i can do that but I'm not sure if i can not just file a divorce from here.

Expert Comment:

Subscribe

1 Comment

Oldest

Newest Most Voted

Inline Feedbacks

View all comments

Andrew J. Kania, LL.B., LL.M.

9 years ago

I assume from your question that you are living in Canada. If you have lived in Canada, on a permanent basis, for a minimum of 12 months, then we can commence your divorce Application here. We can then serve him in California and obtain the divorce from a Canadian Judge. There is no need for you to proceed in California if, once again, you have been living in Canada for at least 12 consecutive months, prior to the commencement of the divorce Application. Feel free to contact me at 877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

0

Reply

More Q&A

Main Categories in Q&A

All Divorce Separation Children Property

Latest Questions Asked:

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions