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Wanting divorce abroad

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  • Wanting divorce abroad

    Help. I need legal advice but find it near impossible to get here in the middle east.

    I am separated from my wife for over 16months. We live in different countries in the middle east and have not resided in Canada for five years.
    She has full custody of our 11 year old daughter. I' ve only just been allowed to have regular twice monthly visits that I pay airfares/expenses for.

    Our family home was sold last year. My wife kept all the sale proceeds.
    I send approx $2300 dollars per month combined child/spousal support while she lves the life of a part time worker in the middle east, with full time maid, driver, cleaner etc.

    I have repartnered over 2 years ago, and want to file for divorce and finalise child support. i know i have been paying double what i am required to, and now want the pyments regularised.

    How do i file for divorce from here? Am I required to file in Canada? I have been told i have to reside in Canada for 12 months?

    Appreciate ANY advice.

  • #2
    If the wedding was in Canada, I would call the local court house to where you were and ask if you must submit an application in Canada, or if you can do it in the country of your residence.
    As for the issues of support those must go though a court local to the residence of the children. If you were in Ontario Canada, I would tell you that you would have little to worry about since child support is based solely on your income, and Spousal support is determined AFTER child support is deducted from your income. They also take into consideration the length of the marriage and the length to which your wife was a stay at home mother thus determining her need etc. I have no idea how this plays out where you are. You would do well to also contact a court house where you are and inquire as to protocol and get an idea of where to go to see how other cases were decided based on your situation as a comparison.

    Best of luck!


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