hire a lawyer in canada and apply for divorce and alimony

T

taradil

New member
i would like to hire a lawyer in canada and apply for divorce and alimony , we have no kids but my husband after we got married in my country he decided to end everything his way ( stop any sort of communications or visits) , disappeared and now he is living with his girlfriend.
what are the steps i should take to apply and can i do it without being in canada
 
I take it you are not a Canadian and your husband is?

People will need more detail like length of marriage. What was the plan, that he would marry you and then sponsor you to come to Canada?
 
If you got married in another country, was the marriage ever legalized in Canada? How long were you married for? How long after your marriage did he stop communicating? Alimony is not a given. You have to prove entitlement
 
@Taradil......

but my husband after we got married in my country he decided to end everything his way
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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.
 
FWB there are strict board rules around plagurism and copyright. While the Federal government will probably not complain that you plagurised their web site, WE care and if you quote something you need to give an attribution.
 
I am well aware of how plagurism works, and most of my posts come with "Source" clickies after them and quotes

The forum was acting up in the wee hours of this morning, and my usual "source" link didn't take.

Thanks for pointing that out though......

OP....here is the usual "source" clicky
 
taradil - what country do you reside in? The reason I am asking you this is if you do happen to get a divorce and spousal support (alimony) it would be very difficult to have it enforced unless the country in which you currently reside has a reciprocal agreement with the maintenance enforcement agency in the area where your husband resides.

Do you have any idea of how much the cost is to hire a lawyer in Canada? You might be required to hire someone with international legal experience and that would be very, very expensive. It might be worthwhile to see if you can get your divorce by using a lawyer in your own country?
 
unless the country in which you currently reside has a reciprocal agreement with the maintenance enforcement agency in the area
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True....Hopefully the country in question, is amongst the 31 that FRO currently has a reciprocity agreement with
Fact: FRO has enforcement arrangements with every Canadian province and territory, every state in the United States of America, as well as a number of other jurisdictions. These are known as “reciprocating jurisdictions.” FRO works with over 100 reciprocating jurisdictions.
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Source

I guess it's no good running to the US if you want to avoid FRO, they pretty much have that area covered inside out. Personally, you couldn't pay me to live in the US
 
hire a lawyer in canada and apply for divorce and alimony

thanks everyone for the replies.
the country is morocco, and we got married at the end of 2011.
he started the process of sponsoring me to come join him in canada but one month before the interview at the embassy he cut all communication and the embassy denied my application since there are no communiation established.
to far he is refusing to communicate to solve the divorce issue , pretending that it is not his problem any more and it is my problem.
the married was legalized and done in gouvernment offices in morocco and the canadian embassy is aware of it .
Thanks for you input and advices.
 
taradil said:
thanks everyone for the replies.
the country is morocco, and we got married at the end of 2011.
he started the process of sponsoring me to come join him in canada but one month before the interview at the embassy he cut all communication and the embassy denied my application since there are no communiation established.
to far he is refusing to communicate to solve the divorce issue , pretending that it is not his problem any more and it is my problem.
the married was legalized and done in gouvernment offices in morocco and the canadian embassy is aware of it .
Thanks for you input and advices.
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So you think you are entitled to alimony over what was at most a 2 year marriage?
 
I think you have almost no chance of alimony.

Do you have a canadian marriage certificate?

Did he divorce you in morocco (Talaq?). I don't even think Canada will have jurisdiction, married there, lived there together, you've never lived here with him.
 
With the new information you provided, here is how things are done 'stateside'

Please note that divorce procedure has to take place in Morocco before the Family judge. You may send a power of attorney to a lawyer in Morocco to represent you before the Judge. Your presence at the Consulate to notorize the Wakala is mandatory.
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Source

Government of Canada has this to say about getting married in Morrocco

We strongly suggest Canadian citizens ask their future spouse to help them in this process because the Aduls communicate only in Arabic.
It is also important to verify the applicable legal and religious obligations that are part of this process. Note that if the Canadian citizen wishing to enter into marriage in Morocco is a man, it is mandatory that he first convert to Islam.

We remind you that the Canadian Embassy cannot perform weddings on its premises and that the only way to get married in Morocco to a Muslim Moroccan citizen is to enter into an Islamic marriage through the Aduls.
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Source

Links17: I don't believe there is any information on this thread to make judgement on whether SS is or is not valid.
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Note.....Unlike Canada (bar Quebec), US and other backward countries that just hand out SS, there isn't such a thing as Alimony (Moudawana) in many 3rd world countries...Morroco being one of them.

Interestingly enough, Egypt, Tunisia and Palestine all have some sort of fund based Moudawana aka SS system in place

Now Dowry on the other hand is huge
Did he divorce you in morocco (Talaq?).
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In Arabic countries, the husband only need announce 3 times (the triple Talaq) to his wife "I divorce you" x 3, and his wish is granted. If only it was that easy here eh
 
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You know very well that SS isn't just "handed out" in Canada. If you and others persist in stating this you are simply giving out incorrect advice.
 
OP:

I completely agree you need to get divorced although you would probably have to do it within Morocco.

Even assuming you can then apply for SS in your country, I'm not sure why you think you're eligible. You didn't live with your spouse and therefore couldn't have been limited career-wise. In addition, assuming that you can apply for SS in Morocco and can prove eligibility, the length of your marriage would only entitle you to a very short period of SS which wouldn't be offset by what you'd probably pay in legal fees. What you're describing sounds like it almost meets the qualification for an annulment (depending on how long he stayed in Morocco before disappearing) Reminds of a "Vegas" marriage gone bad.

I would discuss the best way to get the divorce paperwork handled by mail with the embassy and forget about SS.
 
For some reason, this post reminds me of that new TLC show "90-Day Fiance."

I often am a bit skeptical that some of these women think that marrying an American (or North American) is akin to winning some kind of lottery.
 
@Taradil.....

I don't claim to know the Morrocoan family laws, but I did spend some time during my travels in Marrakech, Tiznit and Agadair, Fez and Tangier before crossing into Spain via Ferry and then Portugal

It was during this time that I learned about family life there etc. My travels are like this, am not your lie on the beach resort or cruise type.
 
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