1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

He only married me to get his permanent residency.

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

I found out that he only married me to get his Permanent Residency, Before the paper was in process, I called Immigration and cancelled it. He was sent back to his country. How can i get a divorce when he is not in Toronto?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Jennifer M. Long, B.A. J.D.
5 years ago

You can seek a divorce in Ontario if your spouse is living in another country provided you have resided in Ontario for at least 12 months before commencing the application for divorce. You also need to be separated from your spouse for at least one year before a divorce can be granted, however you can begin the process before the one year waiting period has expired.
​You should speak to a lawyer about the circumstances of your marriage; how long you were married etc. as this may have an impact on how to end the marriage.​​

To obtain the divorce,
​generally ​you will need to apply to the court. If both parties agree to the divorce and additional relief is not sought or has been previously negotiated and agreed upon in a separation agreement, you may be able to commence an application for an uncontested or simple divorce. It sounds as though your marriage was very brief, but if you are seeking an order for corollary relief in addition to the divorce (ie. child support, spousal support, equalization of property, etc.) you may need to commence an application seeking said relief along with the divorce. In both cases, the application must be served on your spouse and filed with the court. If living within Canada or the United States, an individual has 30 days to respond to an application. If living outside of Canada or the United States the response period is lengthened to 60 days.

You should consult a lawyer about the application process with respect to the specific details of you situation.

Latest Questions Asked:

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x