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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 02-13-2006, 06:18 PM
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Unhappy The one year seperation divorce

Thanks for the amazing Forum. I am separated with my wife who left the country to spend the summer back home. I booked a two way ticket for her and she supposed to be back in July 2005. While she was there she decided that she wants to continue her eduction over there. I didn't accept that matter since we didn't agree on that thing before she left but she ignored what I said and insisted that she wants to continue her studies there. My wife is a 25 years old. She finished General Medical degree backhome and when she was in Canada she was not confident enough to pursue her education in Canada. I am an educated man who finish his degree as a computer engineer and I am currently working. I tried to help her to continue her studies in Canada as much as I can but she was not studying. She was
pregnant when she left Canada and delivered a baby girl while she was away. I told her that there is not way to continue our life together if one of us is only thinking about himself. She doesn't want to divorce and she wants me to wait another possibly a year and maybe more for her to be able to take a vacation from the hospital where she is doing her residency. All she is trying to do now is to buy time so she kept lying about her coming back to Canada. First she told me that she was coming back in July 2005, then September 2005 , then December of 2005. And now since she has already started her residency in Feb 2006, she wants me to wait for her till December 2006 and she might be lying again.

I know that I can apply for divorce from Canada under the one year
separation act. We should be separated for one year in March 17, 2006.

Does my case considered a complicated case? Would I be obliged for pay spousal/child support eventhough they are not in Canada? How long would my case take if I am hiring a lawyer and how much do you charge for such a case.

Thanks a lot.
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Old 02-13-2006, 09:38 PM
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Hello and welcome to the forums, reallyconfused!

Sorry to hear about your situation. IMHO, long-distance relationships generally don't work in the long run, even in the best of situations. You've been living in different countries for over a year, and likely at least another 9 months. IMHO, that's not a marriage.

And to have a new-born child and not see her must be incredibly difficult.

I like to encourage people to do as much as they can for their divorce. That being said, the first step is always to consult with a lawyer to get a basic understanding of the law and to see how your situation fits with the law.

The date of separation issue is a bit more complicated than you state. It's not the date that you physically separated - it's the date that one of you decided that your relationship is really over. When your wife went abroad to study, it does not sound like either of you had decided your marriage was over. You can find out about that here:
http://www.ottawadivorce.com/valuation-date.htm

You can (and probably should) start divorce proceedings before the one-year period, however. It can take a good amount of time for your case to be complete.

There may also be a concern that your wife will start legal proceedings abroad, which will mean you need to find a lawyer where your wife is living and be subjected to the legal rules there (which may or may not be favourable to you). Most countries have residency requirements of 6 months to a year for divorce proceedings, and there is a tendency to have child custody and child support issues dealt with where the child is living. You may want to consider also consulting a lawyer where your wife lives to see how the legal climate compares to where you are living.

If your case proceeds in Canada, your child support obligations will be the same regardless of where your child is living. If your case proceeds in Canada, your spousal support obligations will be the similar - it may be slightly different due to different costs of living and tax rates where your wife is living.
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