Announcement

Collapse
No announcement yet.

Divorce after a few months of cohabitation

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Divorce after a few months of cohabitation

    My wife left me either on purpose or by stupidity, I may never know. I will not go into details of how separation occurred, just that she basically abandoned her visa at a border post and was thus refused entry into country. She of course blamed me for all of it, saying that I should have stopped her from making that mistake, though I knew nothing about what the border officials were doing with her. We were living together only for a few months before the separation happened. The thing is that I had brought into the marriage a house worth a considerably large sum of money, which I had owned for nearly 5 years before the marriage (our Matrimonial Home for the few months we were married) and it did not have any mortgage on it. Her name was never added to the title.

    She had lied considerably before our marriage, and even after it to the point that she lied on her immigration papers for sponsorship. At this point I decided to end the relationship, since I could not file documents lies about her background on it., and sponsor her. She was caught lying several times before that as well.

    I tried settling with her (offering her 20,000 $) but she wanted money upfront (several thousand dollars) and refused to sign any documents or even negotiating them unless I paid her money up front. The money she did not want to count towards settlement. So I obviously refused. Support for two months of cohabitation only comes out to $1,300 based on my income (which was substantially lower than now) at that time.

    While she was here she did nearly nothing. She cooked horrible meals only for one month (which often caused me diarrhea), and cost me money by doing awfully stupid things like leaving backyard water running etc. For a month of our marriage we had to eat at my parents' because she did not know how to cook. She had extremely poor hygiene.

    What are my options? I consulted a lawyer and she suggested that I should directly file for a divorce without considering a "separation agreement" with her. Does she really have a 50/50 claim on the Matrimonial Home based on the marriage probably done for money?

    She has no residency here nor can she legally enter Canada.
    Last edited by AkashSehgal; 08-03-2010, 09:50 PM. Reason: Corrections, adding details.

  • #2
    Did you not ask these questions when you were consulting with your lawyer?
    I don't know all the laws but I think if you were married for a short period of time that would help your case.
    Im not sure what can she do if she does not have residency here nor can enter canada. Im not sure how the legal system works from one country to another.
    How are you communicating right now? Over phone?
    Wow, that must suck, she couldn't cook. How did you get by all those years? Do you know what a frying pan looks like or a pot?
    How long did you know her before you agreed to marry her?
    Last edited by tugofwar; 08-03-2010, 10:03 PM.

    Comment


    • #3
      We were only together for a few months. I consulted different lawyers and they all say different things. Some say she can make a claim others say that no conscious judge will accept her claim and she would be wasting money.

      It was an arranged marriage and we did not know each other before the marriage. She was my far family relation. We were married abroad in US.

      I knew how to cook and tried to teach her but to no avail. I was working really long hours a day and could not baby sit her.

      Comment


      • #4
        Does she have a lawyer? How are you two communicating these issues right now? So, is she then residing in US or somewhere else?

        Comment


        • #5
          She does not have a lawyer. Her family is communicating with me, who have always been interfering in our marriage. She faces deportation because of her abandoning her US PR visa when she was going to the Honeymoon in US with me. So she was refused entry into Canada. She is residing in US, illegally now.

          They did come and take all her personal belongings from my house, and took all the gifts they had given me on the wedding day.

          Comment


          • #6
            Why are you still communicating with her family? If she wants something from you let her try on her own to get it and maybe worry about it then. Where does her family live?
            Have you looked into getting the marriage annulled ? If there are chances of getting it annulled then you don`t owe her a thing
            She did lie on important immigration papers etc. I would look more closely into that.

            Comment


            • #7
              They live in Minnesota. She does not really speak English. Her English sounds like a 5 year olds. Even though she claimed she went to an English Medium School. The problem is that I did not realize that until she started chatting with me online (after the separation), before that we always spoke our mother tongue Gujrati at home. I think it has been too long for an annulment. We have been separated for a year now.

              She never responds to chats, emails or pickup the phone. She stopped responding months ago after I confronted about her immigration lies. Her family never lets me talk to her. In US I can file for divorce only after 3 years have elapsed.

              Comment


              • #8
                I wasn`t aware that they take into consideration the length of seperation, I thought just the length of marriage.

                Good Luck, hopefully someone else can help you out
                Last edited by tugofwar; 08-03-2010, 10:50 PM.

                Comment


                • #9
                  In United States and as far as I know Canada. It is length of separation. Because separate people could be still married for decades, but that does not mean that the guy owes them money for that much amount of time.

                  Comment


                  • #10
                    So your wife is someone who is not fluent in English and speaks like a five year old. She can't cook or won't cook. The one month she did cook her food was so bad she gave you diarriah. She left the garden hose on in the backyard and cost you even more money.

                    What has any of this got to do with the question about whether she has an entitlement to the matrimonial home?

                    Comment


                    • #11
                      Well, entitlement in matrimonial home has to do with contribution made by the spouse specially in the short term marriages. I assure you that I have serious doubts about her being normal, as there are many other things that she did that I cannot even mention on this forum in the short time she was with me.

                      When Judges divide the property such as Matrimonial Home, it is not always 50/50 division, especially not in short term marriages where there are no kids. All those facts matter in determining the contribution of the spouses.

                      Comment


                      • #12
                        The contributions of the spouses matter in short term marriages. Otherwise Gold Diggers will run off with money by marrying for a few months and divorcing their spouses. I am attempting to clarify the horrible situation I lived in for the few months she was here.

                        Comment


                        • #13
                          So why worry? The only way she can come after you if she feels she`s entitled to it is by means by court. And Im not sure how she plans on accomplishing this especially if she`s in the US illegally. Your lawyer suggested you file for divorce and not worry about a separation agreement.
                          Other than that, Im not sure what your options are. These are just my thoughts.

                          Comment


                          • #14


                            http://www.cic.gc.ca/english/newcomers/before-marriage.asp

                            <H2>Divorce in Canada

                            You do not have to be a Canadian citizen to divorce in Canada. Either partner can apply for a divorce.
                            You can apply for a divorce if:
                            • You were legally married in Canada or abroad.
                            • You intend to separate from your spouse permanently or have already separated and believe the marriage is over.
                            • Either one or both of you have lived in a Canadian province or territory for at least one year immediately before applying for a divorce.
                            To get a divorce, one of the following situations must apply:
                            • You and your spouse have lived apart for one year and believe your marriage is over.
                            • Your spouse has committed adultery.
                            • Your spouse has been physically or mentally cruel to you.
                            </H2>If you've been seperated for over a year you can file for divorce without a reason. Find a lawyer that has experience with ex-parte divorce. If you file for divorce any response given must come from either her directly or a lawyer, not her family. If you get no response at all they should be able to approve an ex parte divorce I think?

                            How long have you lived in Ontario?

                            Comment


                            • #15
                              Why don't you sue that person who arranged your marriage? There is a one year warranty on basically everything you buy in Canada.

                              Comment

                              Our Divorce Forums
                              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                              Working...
                              X