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Divorce from abroad

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Melo100

Junior Member
I am a Canadian citizen who got married in the US (California) 2 and a half years ago. I just moved back to Canada 2 months ago and want to get the divorce process started. My question is... I don't even know if I am considered married in Canada... Am I? I have no children, no property and my husband and I agree on everything... the divorce should be really easy, only paperwork.
Other question... if I am the one filing for divorce from Canada but I am asking for divorce in California (my husband still lives in California) is this a problem? What are the next steps I should take? We do not want to hire an attorney.
I will later get an immigration attorney to petition in order to keep my green card (my conditional green card will expire in July 2010). (and no, we did not get married for green card purposes.... we loved each other for real but my husband got agressivity issues and I had to leave)
Thank you very much for your help!!!
 


LdiJ

Senior Member
I am a Canadian citizen who got married in the US (California) 2 and a half years ago. I just moved back to Canada 2 months ago and want to get the divorce process started. My question is... I don't even know if I am considered married in Canada... Am I? I have no children, no property and my husband and I agree on everything... the divorce should be really easy, only paperwork.
Other question... if I am the one filing for divorce from Canada but I am asking for divorce in California (my husband still lives in California) is this a problem? What are the next steps I should take? We do not want to hire an attorney.
I will later get an immigration attorney to petition in order to keep my green card (my conditional green card will expire in July 2010). (and no, we did not get married for green card purposes.... we loved each other for real but my husband got agressivity issues and I had to leave)
Thank you very much for your help!!!
Most countries (and I am sure that Canada is one of them) recognize any marriage or divorce that legally happens in another country.

Therefore yes, you are legally married in both countries, and yes, if you legally divorce in Canada the US will recognize your divorce.
 

mistoffolees

Senior Member
Most countries (and I am sure that Canada is one of them) recognize any marriage or divorce that legally happens in another country.

Therefore yes, you are legally married in both countries, and yes, if you legally divorce in Canada the US will recognize your divorce.
For anyone else reading this in a similar situation, the above only works because you say there are no children and no property. If there were property and/or child custody or support issues, the Canadian courts would have no jurisdiction over your stbx. If you had either of those issues, you'd need to have them resolved by the California courts.
 

LdiJ

Senior Member
For anyone else reading this in a similar situation, the above only works because you say there are no children and no property. If there were property and/or child custody or support issues, the Canadian courts would have no jurisdiction over your stbx. If you had either of those issues, you'd need to have them resolved by the California courts.
I wasn't commenting on jurisdiction for custody and property issues. I was just trying to explain to her that she would be divorced in both countries if she legally divorced in either. It also sounds like they are amicable because there is nothing to contest.
 

Proserpina

Senior Member
I am a Canadian citizen who got married in the US (California) 2 and a half years ago. I just moved back to Canada 2 months ago and want to get the divorce process started. My question is... I don't even know if I am considered married in Canada... Am I? I have no children, no property and my husband and I agree on everything... the divorce should be really easy, only paperwork.
Other question... if I am the one filing for divorce from Canada but I am asking for divorce in California (my husband still lives in California) is this a problem? What are the next steps I should take? We do not want to hire an attorney.
I will later get an immigration attorney to petition in order to keep my green card (my conditional green card will expire in July 2010). (and no, we did not get married for green card purposes.... we loved each other for real but my husband got agressivity issues and I had to leave)
Thank you very much for your help!!!
Be aware that if you continue residing outside of the US for too much longer you'll be in danger of losing PR status.
 

LdiJ

Senior Member
Be aware that if you continue residing outside of the US for too much longer you'll be in danger of losing PR status.
She probably doesn't particularly care. Its no longer nearly as much of a big deal to have US residency.
 

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