Help US citizen divorcing Canadian? She wants money and I am not paying?

[DMORGAN41178]

What is the name of your state (only U.S. law)? North Carolina
I was married to a Canadian on June 21, 2008. However, I am a US citizen, and I never resided in Canada. Our official date of 1 year separation is January 8th, 2010.
I have asked for a NO CONTEST divorce, but she insist I pay her $5000 that she states is part of our muslim Nikah (marriage) or it is called a Mahr.
I need help to understand. I am in the US now so it is difficult for me to get advice without someone with their pocket open. I have been told that the total lawyer fees and court fees for NO CONTEST is around $900 and f that $450 is court costs.
I was told they can mail the papers to me to sign and she signs, but if she makes a claim or demands money then I need to open my account to the lawyers and must come back and forth to Cananda.
There must be another way. What if we just sit on a stalemate that I will not pay and she will not sign. Is there a statue of limitation that we do not live together or even the same country that i can be granted to divorce.

 

[mistoffolees]

What is the name of your state (only U.S. law)? North Carolina
I was married to a Canadian on June 21, 2008. However, I am a US citizen, and I never resided in Canada. Our official date of 1 year separation is January 8th, 2010.
I have asked for a NO CONTEST divorce, but she insist I pay her $5000 that she states is part of our muslim Nikah (marriage) or it is called a Mahr.
I need help to understand. I am in the US now so it is difficult for me to get advice without someone with their pocket open. I have been told that the total lawyer fees and court fees for NO CONTEST is around $900 and f that $450 is court costs.
I was told they can mail the papers to me to sign and she signs, but if she makes a claim or demands money then I need to open my account to the lawyers and must come back and forth to Cananda.
There must be another way. What if we just sit on a stalemate that I will not pay and she will not sign. Is there a statue of limitation that we do not live together or even the same country that i can be granted to divorce.

If you never resided in Canada, they have no jurisdiction over you. She can get a divorce in Canada, but if she wants money, she has to file in the U.S. to get it.

The U.S. courts will not enforce Muslim religious practice (or any other religious practice for that matter) unless you signed an agreement saying that you would pay it.

 

[Proserpina]

What is the name of your state (only U.S. law)? North Carolina
I was married to a Canadian on June 21, 2008. However, I am a US citizen, and I never resided in Canada. Our official date of 1 year separation is January 8th, 2010.
I have asked for a NO CONTEST divorce, but she insist I pay her $5000 that she states is part of our muslim Nikah (marriage) or it is called a Mahr.
I need help to understand. I am in the US now so it is difficult for me to get advice without someone with their pocket open. I have been told that the total lawyer fees and court fees for NO CONTEST is around $900 and f that $450 is court costs.
I was told they can mail the papers to me to sign and she signs, but if she makes a claim or demands money then I need to open my account to the lawyers and must come back and forth to Cananda.
There must be another way. What if we just sit on a stalemate that I will not pay and she will not sign. Is there a statue of limitation that we do not live together or even the same country that i can be granted to divorce.

Please answer:

Did you both live in the US for any period of time?

Did you ever submit any paperwork to sponsor your wife's US residency?

 

[DMORGAN41178]

She is a natural citizen of Ontario Canada, and I am a natural citizen of US. I only visited back and forth. I never sponsored her here nor did we begin the procedures there prior to me asking for a divorce.
I did not sign any documents about the Mahr. She claims that her wedding video has her and her father discussing it but I never signed anything.
I am ripped with this as she is a very manipulating and trubling woman.
I have been told I can not apply for the divorce in North Carolina (my resident) because it falls under Ontario jurisdiction since we married there.

My question is what do I do since she refuses to sign any papers without gettng money?

I have read other forums that indicate the Divorce Act allows a No Contest divorce to push through although there are differences over settlements and property.
Is this true. Can I file and serve her regardless. If she refuses to sign what then? Is it possible to file without her cooperation?
HELPPPPPPPPPPPP

 

[cyjeff]

Where did you live? Where did SHE live?

Answer the questions you are asked, please.

 

[DMORGAN41178]

I lived at the time we met, married, and I asked for divorce in North Carolina USA. She has always lived in Ajax. We never lived together. I would visit for a week, two weeks, and visited for Oct until December 15th 2008.

 

[cyjeff]

I lived at the time we met, married, and I asked for divorce in North Carolina USA. She has always lived in Ajax. We never lived together. I would visit for a week, two weeks, and visited for Oct until December 15th 2008.

So you were married but never lived together... and, in fact, the only extended time you lived together was in Canada.

Therefore, it is most likely that Canadian law would apply.

 

[DMORGAN41178]

If you never resided in Canada, they have no jurisdiction over you. She can get a divorce in Canada, but if she wants money, she has to file in the U.S. to get it.

The U.S. courts will not enforce Muslim religious practice (or any other religious practice for that matter) unless you signed an agreement saying that you would pay it.

So does this mean that I or she can file for the divorce in canada but since i never signed an agreement for the Mahr will Canada try to enforce. Furthemore can I receive a divorce to be legally divorced and if she desires to pursue the mahr in canada or US. However, can I proceed with a no contest if she refuses to sign.

 

[DMORGAN41178]

So you were married but never lived together... and, in fact, the only extended time you lived together was in Canada.

Therefore, it is most likely that Canadian law would apply.

Ok so where does that leave me with her demand for money? can I proceed with a no contest and have the divorce issued without settling the Mahr.? furthermore what if she refuses to sign papers.

 

[cyjeff]

Ok so where does that leave me with her demand for money? can I proceed with a no contest and have the divorce issued without settling the Mahr.? furthermore what if she refuses to sign papers.

Unfortunately, we only handle US law here.

 

[LdiJ]

So does this mean that I or she can file for the divorce in canada but since i never signed an agreement for the Mahr will Canada try to enforce. Furthemore can I receive a divorce to be legally divorced and if she desires to pursue the mahr in canada or US. However, can I proceed with a no contest if she refuses to sign.

I am not sure that its accurate that you cannot file in NC. You have never been a resident of Canada. You have always been a resident of NC. NC would not have any personal jurisdiction over your wife, but you should still be able to get a divorce. Canada wouldn't have any personal jurisdiction over you either.

Get a consult with a local attorney.

 

[Ohiogal]

I am not sure that its accurate that you cannot file in NC. You have never been a resident of Canada. You have always been a resident of NC. NC would not have any personal jurisdiction over your wife, but you should still be able to get a divorce. Canada wouldn't have any personal jurisdiction over you either.

Get a consult with a local attorney.

Actually Canada would have personal jurisdiction over him if he got married there (unclear about that) but he spent time with his SPOUSE at her residence there. He consented to the laws of Canada due to his actions -- including the three month period he LIVED in Canada. Canada has perosnal jurisdiction over him like the US would have jurisdiction over the snow birds that come to Florida from Canada every year.

 

[cyjeff]

Actually Canada would have personal jurisdiction over him if he got married there (unclear about that) but he spent time with his SPOUSE at her residence there. He consented to the laws of Canada due to his actions -- including the three month period he LIVED in Canada. Canada has perosnal jurisdiction over him like the US would have jurisdiction over the snow birds that come to Florida from Canada every year.

That was my thought.

The only place where the marriage was actually acted upon was in Canada.... it began there and, in fact, his wife has never been in the states.

I think it would be a stretch to force his wife to fight a court battle in a place she has never been.

 

[LdiJ]

That was my thought.

The only place where the marriage was actually acted upon was in Canada.... it began there and, in fact, his wife has never been in the states.

I think it would be a stretch to force his wife to fight a court battle in a place she has never been.

While I recognize the points that you and OG are making, he was never a Canadian resident. He visited Canada for three months, and Canada would have had jurisdiction over him if he (for example) committed a crime in Canada, but he is not visiting Canada now. I see no way that Canada could exert jurisdiction over him any more than the US could exert jurisdiction over her.

Nor could either country exert jurisdiction over property not located within their borders. There don't appear to be any children involved either. He should be able to get divorced, but no property issues could be heard regarding property in Canada.

I think that he should get a consult with a local attorney.

 

[cyjeff]

While I recognize the points that you and OG are making, he was never a Canadian resident. He visited Canada for three months, and Canada would have had jurisdiction over him if he (for example) committed a crime in Canada, but he is not visiting Canada now. I see no way that Canada could exert jurisdiction over him any more than the US could exert jurisdiction over her.

Nor could either country exert jurisdiction over property not located within their borders. There don't appear to be any children involved either. He should be able to get divorced, but no property issues could be heard regarding property in Canada.

I think that he should get a consult with a local attorney.

I agree with the last sentence wholeheartedly.

This is NOT a DIY issue.