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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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  #1  
Old 08-03-2010, 09:45 PM
AkashSehgal AkashSehgal is offline
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Unhappy 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 at 09:50 PM. Reason: Corrections, adding details.
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Old 08-03-2010, 10:01 PM
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tugofwar tugofwar is offline
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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 at 10:03 PM.
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Old 08-03-2010, 10:04 PM
AkashSehgal AkashSehgal is offline
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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.
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Old 08-03-2010, 10:07 PM
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Does she have a lawyer? How are you two communicating these issues right now? So, is she then residing in US or somewhere else?
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Old 08-03-2010, 10:09 PM
AkashSehgal AkashSehgal is offline
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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.
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Old 08-03-2010, 10:34 PM
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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.
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Old 08-03-2010, 10:41 PM
AkashSehgal AkashSehgal is offline
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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.
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Old 08-03-2010, 10:47 PM
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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 at 10:50 PM.
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Old 08-03-2010, 10:51 PM
AkashSehgal AkashSehgal is offline
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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.
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Old 08-03-2010, 10:52 PM
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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?
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