Divorce between US and Canada

[flyfly]

What is the name of your state (only U.S. law)? Virginia

Both my wife and me are Canadian and lived in Ontario(Canada) before, 3 years ago I found a job in Virginia and moved here, while she stays in Ontario with our kid all the time. I'd like to divorce now.

1) I know I can file a divorce application either at a Virginia or Ontario court. If I file at a Virginia local court, does my wife have to hire a Virginia lawyer to represent her and come to Virginia court if she doesn't agree all the contents in divorce application (like division of assets)? If yes, this must cost her a lot, and vice versa. So it's better I file at local court first, if she feels the legal cost is more than the assets in dispute, she has to agree non-contest divorce, right?

2) What if she rejects court documents from US? Is there a courier service which guarantees the delivery?

3) Is child support amount calculated based on child's location or payer's location?

Please advise. Much thanks!

 

[Zigner]

I'm not even sure that child custody/support matters will be heard since the VA court has no jurisdiction over those matters. I think you are going to be in over your head. You definitely need the assistance of an attorney.

 

[LdiJ]

What is the name of your state (only U.S. law)? Virginia

Both my wife and me are Canadian and lived in Ontario(Canada) before, 3 years ago I found a job in Virginia and moved here, while she stays in Ontario with our kid all the time. I'd like to divorce now.

1) I know I can file a divorce application either at a Virginia or Ontario court. If I file at a Virginia local court, does my wife have to hire a Virginia lawyer to represent her and come to Virginia court if she doesn't agree all the contents in divorce application (like division of assets)? If yes, this must cost her a lot, and vice versa. So it's better I file at local court first, if she feels the legal cost is more than the assets in dispute, she has to agree non-contest divorce, right?

2) What if she rejects court documents from US? Is there a courier service which guarantees the delivery?

3) Is child support amount calculated based on child's location or payer's location?

Please advise. Much thanks!

The Virginia courts would have no jurisdiction over property located in Canada, nor would the VA courts have jurisdiction over a child residing in Canada. Therefore you could not resolve property issues in VA nor could you resolve child custody issues in VA.

 

[flyfly]

The Virginia courts would have no jurisdiction over property located in Canada, nor would the VA courts have jurisdiction over a child residing in Canada. Therefore you could not resolve property issues in VA nor could you resolve child custody issues in VA.

Since I have lived in VA for more than 3 years, I am legally treated as a VA resident. If I can't file divorce at VA court, then I have to file at Ontario court, but how can a Canadian court have jurisdiction over a VA resident?

 

[LdiJ]

Since I have lived in VA for more than 3 years, I am legally treated as a VA resident. If I can't file divorce at VA court, then I have to file at Ontario court, but how can a Canadian court have jurisdiction over a VA resident?

If you file in Ontario you are voluntarily giving them jurisdiction. You CAN file in VA, but just for the divorce itself. You simply won't be able to handle custody or property matters as part of the divorce.

 

[flyfly]

If you file in Ontario you are voluntarily giving them jurisdiction. You CAN file in VA, but just for the divorce itself. You simply won't be able to handle custody or property matters as part of the divorce.

Then what would happen if my wife doesn't agree child custody or property matters? Will VA court still announce divorce without child custody or property matters?

 

[LdiJ]

Then what would happen if my wife doesn't agree child custody or property matters? Will VA court still announce divorce without child custody or property matters?

They will, but that would be rather foolish. You would just then have to go and litigate property and child custody matters in Ontario, which would mean going through the process twice. It would be more practical to file in Ontario, unless you simply don't care about property or child custody matters.

 

[CJane]

So, to clarify, because it's possible I'm a little confused...

You are hoping to use the fact that your wife resides in a different country than you - the child's HOME COUNTRY - as leverage to get her to agree to a property/custody settlement, because it will be too expensive for her to travel for court?

 

[flyfly]

So, to clarify, because it's possible I'm a little confused...

You are hoping to use the fact that your wife resides in a different country than you - the child's HOME COUNTRY - as leverage to get her to agree to a property/custody settlement, because it will be too expensive for her to travel for court?

Canadian Family Law says 50/50 split of common property if the marriage is more than 10 years, but she wants much more (like 2/3) which I can't agree.

Similiarly, if she file divorce application in Canada first, then I have to go Canada and hire a local lawyer there to defense which costs me a lot, right?

 

[LdiJ]

Canadian Family Law says 50/50 split of common property if the marriage is more than 10 years, but she wants much more (like 2/3) which I can't agree.

Similiarly, if she file divorce application in Canada first, then I have to go Canada and hire a local lawyer there to defense which costs me a lot, right?

Where is the property? If its mostly in Canada, and the property is what is the most important to you then you are going to have to do the divorce in Canada, period.

 

[flyfly]

Where is the property? If its mostly in Canada, and the property is what is the most important to you then you are going to have to do the divorce in Canada, period.

Our property is bank savings, I split our savings when I moved to VA 3 years ago, each hold a half. I can wire transfer my bank savings from Canada to USA anytime.

 

[LdiJ]

Our property is bank savings, I split our savings when I moved to VA 3 years ago, each hold a half. I can wire transfer my bank savings from Canada to USA anytime.

You are not going to be able to do that if you are filing for divorce. That will get you in all kinds of trouble with the courts. The one thing that you should NEVER do is move assets around...not unless you want to end up being seriously sanctioned.

 

[flyfly]

You are not going to be able to do that if you are filing for divorce. That will get you in all kinds of trouble with the courts. The one thing that you should NEVER do is move assets around...not unless you want to end up being seriously sanctioned.

You surprise me! Neither of us has filed for divorce up to date, no one can use the money under my/her name? I can't believe it

 

[stealth2]

Since I have lived in VA for more than 3 years, I am legally treated as a VA resident. If I can't file divorce at VA court, then I have to file at Ontario court, but how can a Canadian court have jurisdiction over a VA resident?

You can file for divorce in VA, but VA will not be able to rule on custody - because your child isn't a resident of VA - or on property held in Canada. Because it's property in... Canada. It's not rocket science. But legal issues between two countries almost demand the use of an attorney. You'd be a fool otherwise. Really.

 

[LdiJ]

You are not going to be able to do that if you are filing for divorce. That will get you in all kinds of trouble with the courts. The one thing that you should NEVER do is move assets around...not unless you want to end up being seriously sanctioned.

Of course you can use it, but you had better be prepared to account for it.