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Dual citizen living in the US needing spousal support

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Anonymous Asked:

My husband is Canadian and I am a dual citizen of the US and Canada. I need to obtain a divorce but need to seek spousal support and divide the matrimonial home. I am working in the state of Tennessee and have been living here since Feb, 2011. I have tried to support myself financially and now find it necessary to seek spousal support from my husband at least until I can get on my feet. We have been married since 1999/12/18 and he earns considerably more than I do (about $150,000 more per year) We purchased a condo in the Beaches during our marriage and he still resides there. I don't wish to take advantage of him. I helped raise his two children and I did not have a career during the time we were together. I am 52 years old and starting over. I hired an attorney in Ontario, spent $5,000 and have not made any progress towards the divorce and am not able now to pay for an attorney. I cannot travel back and forth to Canada to negotiate a divorce, support and division of the matrimonial home. What are my options?

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A Family Lawyer
6 years ago

You must have an intention to reside in Ontario, and to apply for divorce your claim is based on living separate and apart for one year, and as such you need to have lived in Ontario for one year. The substantial connection of the case seems to be in Tennessee, and regardless of where you were married most jurisdictions legally recognize foreign marriages on the basis of certain requirements. You should speak with your lawyer about expectations and strategy and hopefully devise a plan to address the issues. I gather that the Beaches is not in Canada. Beyond the jurisdiction, other issues to consider is whether or not a freezing of assets order is necessary, and what the plan is in relation to support enforcement if he does not voluntarily pay you support.

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