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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-14-2005, 03:41 PM
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Default Canadian Divorce Law

My sister leaves in Ontario, Peterbourgh, she has lived in Canada for three years and married a canadian. He sponsored her to get her residency. She moved from the states, sold her house and all belongings to move. He has now ask her for a divorce. She also is battling cancer. She does work full time as does her husband. She wants to come home to her family to clear her head, however, we are not familiar with canadian law and don't want her to give up anything to come home. Once she moves back to the states, she will not be able or it will be most difficult to get health insurance due to her health status. Please advise me as to what steps I can help my sister through this. I don't want him to get her for abandement if we should bring her back for a few weeks to support her and help her.
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Old 11-15-2005, 12:42 PM
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Hi,

Your sister is a canadian citizen and also an ontario resident now. Your sisters health coverage is covered by ohip as long as she is a resident of ontario.

You sister is allowed to leave ontario for periods of time without losing her coverage from OHIP and residency. I think the time can't be more than 6 months. I would contact the ministry of health to verify that.

http://www.health.gov.on.ca/english/...p/ohip_mn.html

I think your sister might be enetiled to some form of spousal support. quantum and duration would be dependant on the facts. The other thing is I think your sister may be entitled to half the assets and liabilies that they have as a couple. The home they live in is considered the matrimonial home and your siter does have a right to live there. This is the beauty of marriage.

Can't really give more of an opinion without having specific facts.

One thing to look is to read the Family Law Act of Ontario in regards to property division and support obligations

http://www.e-laws.gov.on.ca/DBLaws/S...sh/90f03_e.htm
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