My situation has changed dramatically
Oct 29th 2012, 2:30 am
#16
Pondering a career change
Joined: May 2012
Location: Sunshine Coast, BC
Posts: 2,595
Re: My situation has changed dramatically
If the OP is over here can he get a divorce in the UK or does it need to be the same jurisdiction?....though I suppose the cost would be the same, i think the average uk cost is £2500-£5000...not really lose pocket change
Oct 29th 2012, 4:23 am
#17
Joined: Sep 2008
Posts: 12,830
Re: My situation has changed dramatically
If you do it yourself, it is a few hundred dollars.
Oct 30th 2012, 1:08 am
#18
Lost in BE Cyberspace
Joined: Aug 2005
Location: South of Calgary
Posts: 13,380
Re: My situation has changed dramatically
Hello, I have had to post this from a new account as i cant risk being found out.
Basically i was on here around 18-20 months ago to get my immigration sorted as my wife was a canadian. With your advise this got done successfully.
Last year in Jan we got married, immigration was done by october.
I went to Canada to get her, she came back with me to england to meet my friends and family. This is where things went to shit.
This girl was aggressive and violent. Completely psycho. She shown signs of this in canada but her family assured me it was stress due to the wedding. She stayed with me in england till jan, where i occupied her and flew her back (all the paperwork got completed at the airport I have my PR card). I have already committed to moving to Canada. Ive sold my car / House and I am staying with a relative. I want to move but i dont want to live with her. I want a divorce.
Can I get a divorce when i go to Canada or am I stuck in england? She is threatening to come here with her brothers and take me back to hers.
I have kept phone logs / audio recordings / photos of her violence and aggression. I really need a way out.
Thank you for reading.
Edit: My pr card runs out in Marc 2017. Whats the latest i can move across without having to reapply and go onto citizenship? March 2015?
Basically i was on here around 18-20 months ago to get my immigration sorted as my wife was a canadian. With your advise this got done successfully.
Last year in Jan we got married, immigration was done by october.
I went to Canada to get her, she came back with me to england to meet my friends and family. This is where things went to shit.
This girl was aggressive and violent. Completely psycho. She shown signs of this in canada but her family assured me it was stress due to the wedding. She stayed with me in england till jan, where i occupied her and flew her back (all the paperwork got completed at the airport I have my PR card). I have already committed to moving to Canada. Ive sold my car / House and I am staying with a relative. I want to move but i dont want to live with her. I want a divorce.
Can I get a divorce when i go to Canada or am I stuck in england? She is threatening to come here with her brothers and take me back to hers.
I have kept phone logs / audio recordings / photos of her violence and aggression. I really need a way out.
Thank you for reading.
Edit: My pr card runs out in Marc 2017. Whats the latest i can move across without having to reapply and go onto citizenship? March 2015?
To be able to obtain a divorce, you will need to be able to satisfy one of the following:
You have been separated for at least a year;
One of you has committed adultery (the person responsible cannot rely upon their own adultery);
One of you has treated the other with either physical or mental cruelty (again the person responsible cannot rely upon their own conduct).
If one of those applies, you are entitled to obtain a divorce judgment. If you wish to rely upon separation, you could separate today and file today. However, you would not be able to apply for a divorce judgment until you had been separated for at least a year. In other words, you do not have to wait until you have been separated for a year before filing.
Divorce is federal matter. Division of matrimonial property is a provincial one so how that pans out will depend upon the Province referred to above.
I assume that she sponsored you. If this is correct, you will recall that she undertook to support you for, likely, 3 years. This will be relevant if you wish to make a claim for spousal support. However, in light of the duration of the marriage, a Court will be reluctant to award spousal support. It may be possible for you to do so if, for example, your claim is that you gave up your earning capability in England as a result of the marriage and you now have minimal earning capacity in Canada. You need to be able to show that you have suffered financial hardship as a result of the breakdown of the marriage and that you need spousal support to enable you to become self sufficient.
If you wish to instruct a lawyer in Canada, I suggest you contact the law society of the Province in which you intend to live. They will likely have a lawyer referral program and they will be able to put you in touch with lawyers local to you that are divorce lawyers.
Best of luck.
Oct 30th 2012, 6:10 am
#19
BE Enthusiast
Joined: Jun 2012
Location: Vancouver, BC
Posts: 850
Re: My situation has changed dramatically
I havent got any advice for you, but I can see that you've already received lots of good info (esp. from Almost Canadian). I just wanted to say how sorry I feel for you and that I hope all works out for you.
Oct 30th 2012, 6:21 am
#20
BE Enthusiast
Joined: May 2011
Posts: 860
Re: My situation has changed dramatically
I, too, am sorry about your situation and hope it all works out.
However I can't resist quoting Felix Dennis: if it flies, floats, or fornicates: rent, don't buy, it works out cheaper
However I can't resist quoting Felix Dennis: if it flies, floats, or fornicates: rent, don't buy, it works out cheaper
Oct 30th 2012, 8:50 am
#21
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 13
Re: My situation has changed dramatically
Many thanks for all the information. The last thing i want from her is any kind of support. The only thing in the way now is that she is in denial and is begging me to forget the past and to move on :| which i can not do.
She does not see it from my point of view.
Does separation mean as in living apart? if so it will be 12 months very soon (we been in different countries since Jan)
I haven't spoke to her on the phone since Jan but she hammers my phone with messages of anger and hate and then she'll be normal for a few minutes and flip again.
Looks like I'm either going to need to find a lawyer or a D.I.Y kit.
Thanks all.
She does not see it from my point of view.
Does separation mean as in living apart? if so it will be 12 months very soon (we been in different countries since Jan)
I haven't spoke to her on the phone since Jan but she hammers my phone with messages of anger and hate and then she'll be normal for a few minutes and flip again.
Looks like I'm either going to need to find a lawyer or a D.I.Y kit.
Thanks all.
Oct 30th 2012, 8:54 am
#22
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 13
Re: My situation has changed dramatically
Have you (or has she) lived in any single Province in Canada for at least a year immediately preceding the time that you will file the divorce papers? If the answer to this question is "No" you cannot file for divorce anywhere in Canada. The Province that has jurisdiction will depend upon the Province that responds to the above question. It does not matter where you live (you could file in Canada if you live in England).
To be able to obtain a divorce, you will need to be able to satisfy one of the following:
You have been separated for at least a year;
One of you has committed adultery (the person responsible cannot rely upon their own adultery);
One of you has treated the other with either physical or mental cruelty (again the person responsible cannot rely upon their own conduct).
If one of those applies, you are entitled to obtain a divorce judgment. If you wish to rely upon separation, you could separate today and file today. However, you would not be able to apply for a divorce judgment until you had been separated for at least a year. In other words, you do not have to wait until you have been separated for a year before filing.
Divorce is federal matter. Division of matrimonial property is a provincial one so how that pans out will depend upon the Province referred to above.
I assume that she sponsored you. If this is correct, you will recall that she undertook to support you for, likely, 3 years. This will be relevant if you wish to make a claim for spousal support. However, in light of the duration of the marriage, a Court will be reluctant to award spousal support. It may be possible for you to do so if, for example, your claim is that you gave up your earning capability in England as a result of the marriage and you now have minimal earning capacity in Canada. You need to be able to show that you have suffered financial hardship as a result of the breakdown of the marriage and that you need spousal support to enable you to become self sufficient.
If you wish to instruct a lawyer in Canada, I suggest you contact the law society of the Province in which you intend to live. They will likely have a lawyer referral program and they will be able to put you in touch with lawyers local to you that are divorce lawyers.
Best of luck.
To be able to obtain a divorce, you will need to be able to satisfy one of the following:
You have been separated for at least a year;
One of you has committed adultery (the person responsible cannot rely upon their own adultery);
One of you has treated the other with either physical or mental cruelty (again the person responsible cannot rely upon their own conduct).
If one of those applies, you are entitled to obtain a divorce judgment. If you wish to rely upon separation, you could separate today and file today. However, you would not be able to apply for a divorce judgment until you had been separated for at least a year. In other words, you do not have to wait until you have been separated for a year before filing.
Divorce is federal matter. Division of matrimonial property is a provincial one so how that pans out will depend upon the Province referred to above.
I assume that she sponsored you. If this is correct, you will recall that she undertook to support you for, likely, 3 years. This will be relevant if you wish to make a claim for spousal support. However, in light of the duration of the marriage, a Court will be reluctant to award spousal support. It may be possible for you to do so if, for example, your claim is that you gave up your earning capability in England as a result of the marriage and you now have minimal earning capacity in Canada. You need to be able to show that you have suffered financial hardship as a result of the breakdown of the marriage and that you need spousal support to enable you to become self sufficient.
If you wish to instruct a lawyer in Canada, I suggest you contact the law society of the Province in which you intend to live. They will likely have a lawyer referral program and they will be able to put you in touch with lawyers local to you that are divorce lawyers.
Best of luck.
Fourth, serve the respondent with the Notice of Family Claim by personal service
“Personal service” means physically delivering the Notice of Family Claim to your spouse to make sure he or she knows about the court case. You cannot serve the Notice of Family Claim yourself. You must get someone else to do this, and your server must swear an Affidavit of Personal Service in Form F15 describing how and when your spouse was served.
Holy shit. I have no family in BC does that mean one of my family will have to fly out to give it to her? its going to be cheaper for someone from england to go there then someone from toronto. This is going to get very messy
Oct 30th 2012, 9:15 am
#23
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: My situation has changed dramatically
Im just reading through the diy kit and i just saw this --
Fourth, serve the respondent with the Notice of Family Claim by personal service
“Personal service” means physically delivering the Notice of Family Claim to your spouse to make sure he or she knows about the court case. You cannot serve the Notice of Family Claim yourself. You must get someone else to do this, and your server must swear an Affidavit of Personal Service in Form F15 describing how and when your spouse was served.
Holy shit. I have no family in BC does that mean one of my family will have to fly out to give it to her? its going to be cheaper for someone from england to go there then someone from toronto. This is going to get very messy
Fourth, serve the respondent with the Notice of Family Claim by personal service
“Personal service” means physically delivering the Notice of Family Claim to your spouse to make sure he or she knows about the court case. You cannot serve the Notice of Family Claim yourself. You must get someone else to do this, and your server must swear an Affidavit of Personal Service in Form F15 describing how and when your spouse was served.
Holy shit. I have no family in BC does that mean one of my family will have to fly out to give it to her? its going to be cheaper for someone from england to go there then someone from toronto. This is going to get very messy
Your other alternative is to engage a divorce company (not a lawyer) to do the whole thing for you.
Oct 30th 2012, 10:38 am
#24
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 13
Re: My situation has changed dramatically
You can ask the court for the name of a process server to do it for you - or find one online, which will cost (from what I read online) in the region of $100 for a private company - http://www.mcaprocessservice.com/our...ocess-serving/.
Your other alternative is to engage a divorce company (not a lawyer) to do the whole thing for you.
Your other alternative is to engage a divorce company (not a lawyer) to do the whole thing for you.
Oct 30th 2012, 11:11 am
#25
Lost in BE Cyberspace
Joined: Aug 2005
Location: South of Calgary
Posts: 13,380
Re: My situation has changed dramatically
You can ask the court for the name of a process server to do it for you - or find one online, which will cost (from what I read online) in the region of $100 for a private company - http://www.mcaprocessservice.com/our...ocess-serving/.
Your other alternative is to engage a divorce company (not a lawyer) to do the whole thing for you.
Your other alternative is to engage a divorce company (not a lawyer) to do the whole thing for you.
Oct 30th 2012, 11:53 am
#26
Lost in BE Cyberspace
Joined: Aug 2005
Location: South of Calgary
Posts: 13,380
Re: My situation has changed dramatically
No. Separate means no longer living as spouses. You can live in the same house and be separated; you can live in separate houses and still be a couple. It isn't technical. Would an observer believe you were separated if allow to view your lives 24/7?
Oct 30th 2012, 5:16 pm
#27
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: My situation has changed dramatically
I used a divorce company without any problems... and they offered to have their address as the address on the court documents.
To the OP - There are many in Toronto, use google.ca and search for "Divorce Services".
Oct 30th 2012, 10:09 pm
#28
Just Joined
Thread Starter
Joined: Oct 2012
Posts: 13
Re: My situation has changed dramatically
Ontario do not appear to have a problem with it for a simple or uncontested divorce - it is no different than filling out the paperwork yourself and filing it with the court. You do not actually have to appear before a judge provided that there are no children, support payments or other financial matters required - that is what a 'simple' petition is.
I used a divorce company without any problems... and they offered to have their address as the address on the court documents.
To the OP - There are many in Toronto, use google.ca and search for "Divorce Services".
I used a divorce company without any problems... and they offered to have their address as the address on the court documents.
To the OP - There are many in Toronto, use google.ca and search for "Divorce Services".
I cant thank you all enough for the advice so far.
Oct 31st 2012, 1:55 am
#29
Lost in BE Cyberspace
Joined: Aug 2005
Location: South of Calgary
Posts: 13,380
Re: My situation has changed dramatically
Ontario do not appear to have a problem with it for a simple or uncontested divorce - it is no different than filling out the paperwork yourself and filing it with the court. You do not actually have to appear before a judge provided that there are no children, support payments or other financial matters required - that is what a 'simple' petition is.
I used a divorce company without any problems... and they offered to have their address as the address on the court documents.
To the OP - There are many in Toronto, use google.ca and search for "Divorce Services".
I used a divorce company without any problems... and they offered to have their address as the address on the court documents.
To the OP - There are many in Toronto, use google.ca and search for "Divorce Services".
Oct 31st 2012, 7:09 am
#30
Banned
Joined: Apr 2009
Location: SW Ontario
Posts: 19,879
Re: My situation has changed dramatically
I don't doubt they exist, but I bet that what they are doing is not allowed and I suspect that there is no mention of who they are on the address for service. In other words, I suspect it simply looks like you live at their address. I accept I could be wrong. Such service providers exist in Alberta too.
Companies that do not have a paralegal on their team do not offer any legal advice, however, that is not the purpose of most 'simple divorce' services - it is to fill out the forms correctly and submit them to the court on your behalf.
Using 'their' address is no different to using the address of the Court or a friend - it states "c/o" .
