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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 08-14-2010, 07:15 PM
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Default Need advice to divorce a unfaithful wife

Hi,

Background:.

I live in Toronto, A Canadian, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is not happy with me and we have frequent alterations , she also physically abused me and also threatened to kill me.I reliased she married me only for the Cdn Immigration. She also has plans to marry someone else.

Situation:

1. Since I sponsored her recently, How can I divorce her ? how to proceed?
2a. Since she is completely dependent on me, do I have to support her indefinately?
are we talking about indefinate spousal support
2b. Based on this situation, how long and how much do you think I have to support her?
3a. Since I was married in India, Can I file for divorce in India?
3b. Is it better for me to file for divorce here in Canada?
3c. If I get divorce in India is it valid here or viceversa?
4. Do I have to be separated before I file for divorce?
5. What if She doesn't want to divorce me?

I am a mess right now, please advise. Thanks......
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Old 08-14-2010, 07:39 PM
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Sorry you're gong through a difficult time. If she was unfaithful, it won't make a difference in getting a divorce as you don't need a reason to divorce. You may be able to get it done faster if you claim it is due to adultery.

You can file for divorce if you have been separated for 12 months so if you're willing to wait it out you can file after that. In order to file for a faster divorce due to adultery you would have to be able to prove it in some manner, either through her admitting it in an affidavit or through 'examination and discovery' in court but she can't be forced to answer any questions so it is difficult that way.

I'm not sure what the sponsorship agreement was that you signed to bring her to Canada and how that would affect you having to support her or for how long.

You might have some luck finding answers on that particular topic here:

Canada Immigration and Visa Discussion Forum
Under ontario family law on spousal support you may be expected to support her for half the length of your marriage, which is a relatively short time.
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Old 08-15-2010, 05:39 AM
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The immigration situation makes this sticky, I am going to try to explain this carefully.

Sponsering someone, you are responsible for supporting them for three years. This is an immigration law, not a family law. A family court does not enforce immigration law. However her lawyer can and probably will argue that there should be support for 3 years since this would be expected by immigration law and would have been presumed by both parties when she was sponsered.

Otherwise support would be for .5 - 1 year per year of marriage. Usually for a short marriage support is for the lower amount, but in a situation where someone moved to get married and/or gave up a job then the amount would be the higher. This is discretionary for the judge and will be based on each side's argument and no one can say how it would go.

Normally one files for divorce and the reason is simply "unhappines" and the divorce is granted one year after the separation date. In your case I would consider the immigration implications. You may not be able, or evern care to, have her deported. However you still want to build your case with this three year support rule in mind. I am led to understand by news reports that it is rarely enforced by immigration but it may affect her spousal support claim. It may be that you will protect yourself better by making the claim of adultery for the divorce and divorcing immediately.

Keep in mind you need proof of some kind not just claims, and you should research this. Also keep in mind that she will no doubt make counter accusations about abuse, etc. Be careful about making accusations that you can't prove, because this will just inflame the situation and she will make the same accusations. If a quick settlement that she agrees to can save you $10k in legal expenses, then maybe you are better off. Speak to an immigration lawyer as well as a family law specialist, make sure you ask each lawyer for full details and if necessary to cite cases so that you can compare notes with each lawyer. Even paying for one hour consultation with different lawyers can help to prevent a costly misstep.
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Old 09-18-2010, 05:36 PM
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Some of the questions were not answered.

1.Divorce makes no difference on the immigration issue. They are two separate issues. Just file for divorce like anyone else.
2. as others posted, you will not have to support her for very long because the marriage was so short. However your immigration issue may make you responsible for some time.
3.If the divorce is easier in India, then I would do it in India. It may make it easier to get out of the immigration issues too.
4. You must have 1 year of separation before a divorce is eligable to be granted, however there are exceptions to this rule. One is adultery. However adultery makes no difference in how the divorce proceeding go, since Canada has no fault divorce. No you do not need to be separated before you can start the divorce proceedings. You can go through all the divorce steps long before the 1 year is up, and still have to wait for the 1 year before the divorce is granted. However divorce is not a fast and easy thing to get through here in Canada. It can easily take years to get divorced here.
5. It makes no difference if she wants a divorce or not. Since there is no fault, one party can file, and if the terms are met such as the 1 year, then the divorce is granted. If the other side counters the divorce, then it gets into an expensive battle. If there are no property or child issues, then this makes it much easier. With such a short marriage, she will have very little rights to any of your property you owned before the relationship, and is only entitled to 50% of any property during the marriage.
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Old 09-18-2010, 10:30 PM
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I sincerely doubt you will have to pay spousal support due to the fact that you were only married briefly.
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Old 09-18-2010, 10:55 PM
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not spousal support due to marriage, but maybe due to immigration.
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Old 09-18-2010, 11:37 PM
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I have an idea.

First of all, like most people facing divorce or separation, start eating her crap sandwiches and play nice guy. Tell her everything is your fault. Tell her that you want to part amicably. Tell her you want to leave her the house, the car, the kids and all of your money.

Now, do whatever you can to convince her to join you on a scenic tour of India. Tell her this will help you two put closure blah blah blah on the short joy you shared together blah blah blah.

Just make sure that you buy only one return ticket and keep it for yourself.
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Old 09-19-2010, 12:03 AM
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@Anarx
Best answer, no question!
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Old 09-19-2010, 10:03 AM
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Quote:
Originally Posted by AnarX View Post
I have an idea.

First of all, like most people facing divorce or separation, start eating her crap sandwiches and play nice guy. Tell her everything is your fault. Tell her that you want to part amicably. Tell her you want to leave her the house, the car, the kids and all of your money.

Now, do whatever you can to convince her to join you on a scenic tour of India. Tell her this will help you two put closure blah blah blah on the short joy you shared together blah blah blah.

Just make sure that you buy only one return ticket and keep it for yourself.
LOL I was thinking the exact same thing as I was reading the other posting. Drop her ass off back in her home country and not have her living here. She misled you to get here, do the same and get her back to her family.
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Old 09-19-2010, 12:03 PM
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Make sure you get laid one last time before your return flight
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