What are the rights to a divorce or get annulled when US Citizen marries Canadian?

[adang218]

I'm a US Citizen living in California. In 2001 I married a Canadian in Canada during my stay there. We went and got our license and had a pastor marry us. He lives in Canada and I'm back in California now. IS the marriage still considered legal? If so, is it legal in both countries?
We're both engaged to other people right now, but are not on speaking terms. I'd like to forget this marriage (in Canada) ever happened. Btw, he's survived solely off my earned income (when we were still together) and decided to cheat on me with an underage minor which is why we are not on the best of terms.

 

[Ohiogal]

I'm a US Citizen living in California. In 2001 I married a Canadian in Canada during my stay there. We went and got our license and had a pastor marry us. He lives in Canada and I'm back in California now. IS the marriage still considered legal? If so, is it legal in both countries?
We're both engaged to other people right now, but are not on speaking terms. I'd like to forget this marriage (in Canada) ever happened. Btw, he's survived solely off my earned income (when we were still together) and decided to cheat on me with an underage minor which is why we are not on the best of terms.

Has he ever been to California and lived there? Where did you live while married to him? If it was always Canada, then California does NOT have personal jurisdiction over him unless he voluntarily accepts it. Without personal jurisdiction, California cannot oversee a divorce.

 

[LdiJ]

I'm a US Citizen living in California. In 2001 I married a Canadian in Canada during my stay there. We went and got our license and had a pastor marry us. He lives in Canada and I'm back in California now. IS the marriage still considered legal? If so, is it legal in both countries?
We're both engaged to other people right now, but are not on speaking terms. I'd like to forget this marriage (in Canada) ever happened. Btw, he's survived solely off my earned income (when we were still together) and decided to cheat on me with an underage minor which is why we are not on the best of terms.

Yes, the marriage is legal in both countries. Yes, you would need to get a divorce. If you are both engaged to other people its likely that he would cooperate with any divorce you initiated in CA.

 

[mistoffolees]

Has he ever been to California and lived there? Where did you live while married to him? If it was always Canada, then California does NOT have personal jurisdiction over him unless he voluntarily accepts it. Without personal jurisdiction, California cannot oversee a divorce.

I wasn't aware that you couldn't get a divorce if the other person had never lived in your state.

So, OP would need to get an attorney in Canada to file for divorce (or go their herself and file). But, unfortunately, no one here can help with Canadian law.

 

[LdiJ]

I wasn't aware that you couldn't get a divorce if the other person had never lived in your state.

So, OP would need to get an attorney in Canada to file for divorce (or go their herself and file). But, unfortunately, no one here can help with Canadian law.

Actually you CAN get a divorce if the other person had never lived in your state. However, the courts would have no jurisdiction over anything other than the actual divorce itself.