child support when spouse is living abroad

[mtayal]

I am an Indian citizen living in Ottawa on work permit for more than a year.

My wife is also an Indian citizen and lives in India alongwith our kid. They have never lived in Canada.

I am living separately from my wife for about 2.5 years.

I am currently paying spousal and child support for 2.5 years, which was ordered by family court in India.

I wish to file a divorce in Ottawa.

Do I need to file financial statement?

Can my wife ask for financial settlement in Ottawa court even when she is getting spousal and child support in India?

Can I get the divorce faster if I get a court letter from India that I have been paying spousal and child support for 2.5 years?

What all documents will I require to file for divorce and what form to fill-in?

[FL_Needs_To_Change]

Canadian family law states that you must file in the location of the child for anything relating to CS or SS.
As for the divorce, I would go to the Ottawa court house and ask them if you can apply here for the divorce itself, without including any CS or SS issues as these were covered in court in India where the child and mother reside.

I would think that if there are no issues about SS or CS that they may allow the application here, but because your estranged wife is so far away in India, you would have to inquire to be certain. And to make sure you conform to both sets of laws.

[mtayal]

Thanks for your help. I will go to Ottawa court house for getting more details.

[mtayal]

I went to the court and I really don't need to file a financial statement and can apply for simple divorce. I got the divorce instructions package. I am confused at one thing. I need to bring a copy of my original application to the court. Now this copy has to be before signing or after signing. Also this signature needs to be in front of court clerk or not. The statement is generic which has confused me.

[Kimberley]

Bring the application you are filing now and sign everything in front of the court clerk.

[mtayal]

Thanks for the help. I applied for step-1 of divorce in December. Now I have to apply for the step-2. But I am about to move to new address which is also in Ottawa. Do I need to put my new address in the forms I will submit in step-2? Or I keep the old address on forms and tell the court clerk of the new address. Thanks a lot in advance.

[mtayal]

Can anyone reply to my earlier question about change of address..

[mtayal]

I applied step2 of divorce on May 6 with the new address and phone number. The court clerk told me that it usually takes 2 weeks to get the divorce letter. It is almost 3 weeks. Since it is uncontested divorce I am not expecting any issues. Do anyone knows how can I check the status of the divorce? I know the phone number of the court 613-239-1560 but don't know the extension of FLIC. Just curious..

[mtayal]

I left a message for the FLIC desk(613-239-1274) 2 days back and I got a call back today that the divorce order was mailed on May 12, but I haven't received it yet. She asked me to wait for one more week before contacting them again. Do I really need the divorce order to get the divorce certificate. What if the divorce order is missing in the mail??

[mtayal]

Finally I got my divorce order in mail. It takes really long like about a month after one file the step2 to get the divorce order in hand. So be patient if you are waiting for your order. Thanks for all the help I got from this site. I really appreciate it.