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Domestic Violence Dealing with abuse and violence. Getting support and help.

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Old 01-12-2011, 10:18 PM
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Hi guys, this is first time i am posting , i got married a couple yrs ago and my wife migrated here after 5 mnths of marriage, and our marriage ended in almost 7 mnths she just worked 1 mnth in the whole time period , and she left after charging me for domestic assault. a year and 2 mnths later --now ..... i am under a peace bond for a year and charges are dropped. now i want to divorce her. as we been already separated fmr yr and 2 mnths , and another year peacebond.i live in an apartment and just own 1 car which i work as delivery guy( i am owner opersator -self employed) . rest i have debts as visa bills and car loan , not much of savings. my qstns are
1 what is the best way to go for divorce,... such as legal separation or other things( as we havent done anything yet )
2 i am looking forward for new business to be started , so if i apply divorce later on , will she be a shareholder of this business as well as 50-50 ... or the separation will be done of the financial situation which i had at the time she left me .
3 i got to knw that she had beeen doing jobs at few places, and now again left the job , she borrows money from her family abroad and is paying of her bills and otha things. so what will be i liable for .. if she works or not
4 where can i start and how can i .. bcoz i need to go further for my successful work .. wana buy a house and business, so how can i start. bcoz i dont want her to give me trouble in future as she never invested single penny in the house.
PLEASE HELP ME GUYS, ANY SUGGETIONB REALLY APPRECIATED
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Old 01-12-2011, 10:59 PM
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Go see a lawyer considering peace bond is still in effect.
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Old 01-12-2011, 11:02 PM
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sorry if i missunderstood, but i just got into peacebond few days ago , so it if effected until 2012, bt i want to knw more about divorce stuff, what things i should keep in mind, before moving ahead for divorce and things i should take care of
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Old 01-12-2011, 11:11 PM
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Right... Generally peace bonds contain clauses no direct or indirect contact with named individuals. Your hands are tied in participating in the Divorce, but believe you may do so through agent or representative.
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Old 01-21-2011, 09:59 PM
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If the judge wasn't out to lunch, then the clause should be "no contact, except for family court procedures" or something like this. (mine contains this) So depend on the exact wording he might ask for simple divorce just sending her a few papers, or you might need a lawyer/agent to send those papers.
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Old 01-23-2011, 06:04 PM
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Wow, anyone else find that tough?

1 what is the best way to go for divorce,... such as legal separation or other things( as we havent done anything yet )
Best way is to be able to agree on the terms without needing court intervention. It seems that that will not be possible for you currently, as you will need at least a lawyer/agent to serve her with any application or other document until next year. Is it so important that it be done NOW? As opposed to in a year? You have already waited over a year, after all...

2 i am looking forward for new business to be started , so if i apply divorce later on , will she be a shareholder of this business as well as 50-50 ... or the separation will be done of the financial situation which i had at the time she left me .
Incorporating a business requires all stakeholders to be named in the Articles of Incorporation. If she is not named, she is not a shareholder. You would set it up as a sole proprietor. However, I would CYA to make sure you can prove that you were living apart for this period (which the peace bond does, effectively ) At the point when you are filing for divorce, or offering a settlement, your financial statement comes into play. I would recommend filling out a financial statement now, as well as prior to any settlement discussions (say, 2012?)

3 i got to knw that she had beeen doing jobs at few places, and now again left the job , she borrows money from her family abroad and is paying of her bills and otha things. so what will be i liable for .. if she works or not
You are liable for half of the debt accumulated during the marriage. Any debt incurred after separation date is each parties' own debt, unless it is incurred to maintain a family (I assume no children?)

4 where can i start and how can i .. bcoz i need to go further for my successful work .. wana buy a house and business, so how can i start. bcoz i dont want her to give me trouble in future as she never invested single penny in the house.

Contact your local Legal Aid office first, to see if you qualify. If you do not, then you can contact the Family Law Information Centre, located in many courthouses (check the attorney general's website for closest location to you). House? What house? I read living in an apt, didn't I? If you own one, regardless of how much she invested in the house, and how much you invested, the minute you married, it became half hers. If you purchase one, after sep, it is a different story. As well, because she immigrated, you are responsible for her under Citizenship and Immigration Law, and I would be looking at my legal obligations there as well...because technically, you are 100% responsible for her for a period of time after immigration. Because the CIC laws apply, I would STRONGLY recommend talking to a lawyer.

Good luck!

Last edited by InterprovincialParents; 01-23-2011 at 06:10 PM. Reason: added question on hypothetical house....
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