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Old 02-16-2013, 12:00 PM
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Rioe Rioe is offline
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In Canada, an affair has no bearing on any issue in a divorce except that you do not need to be separated for one year before a divorce is granted. In practice however, the process is usually so lengthy that well over a year passes anyway.

If your wife is intent on going back to India, you need to figure out what is happening with the children. Are they going to live in Canada with you and visit her whenever possible? Will she come to visit them frequently? Or the opposite - they go back with her and you arrange for visits back and forth? The poor kids have been uprooted from their lives in India and now they are going to experience another upheaval. In Canada, the most important aspect of a divorce is minimizing the impact on the children. If you and your wife agree that life in Canada is the best thing for them, then you need to arrange everything else around that. You need a separation agreement outlining what will happen with the children and how you divide your finances.

The speed at which this occurs will determine the length of time it takes to get divorced.

I have no idea about how this will affect your permanent residency. You may not find many on this board who know that stuff.