I sponsored my husband and he left me for another woman

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I sponsored my husband to Canada he has his permanent residence and left after 2 years to go live with another woman who he knew was legally married. I have 4 more months of immigration responsibility with him however we are not together. I want to file a divorce on grounds of adultery there is no legal separation in place on my part what can be done? I am on disability at this present moment

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

10 years ago

There does not have to be a “legal separation” in place for the two of you to be legally separated. Your date of separation is a question of fact for the two of you to agree upon, or in the alternative for a Judge to decide if there is disagreement. A divorce Application can be filed at any time and, yes, you can use the ground of adultery if you believe this to be an honest ground in your case. The alternative is to claim either cruelty (which is very rare) or being separated for one or more years, which is the no-fault ground.

A divorce Application can be commenced at any time, and you can seek a divorce and, given that you are on disability, potentially spousal support. I would need to speak with you in order to determine whether you would have a valid spousal support claim, but I did want to raise that as an issue given that you are on disability. If you wish you are welcome to telephone 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).

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