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American divorcing a Canadian

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#1 wikdhammerstein


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Posted 14 January 2013 - 09:56 AM

I am an American wanting to divorce a Canadian. We married in 2008 in the US but were only physically together 2 weeks.. After a year we decided not to be together as the red tape and the cost of immigration was out of reach for us.. We have no children together or physical assets together, she is willing to divorce uncontested..Can I file for divorce here where we married? Will it be a legal nightmare?? Thank You :) :)

#2 Ted_from_Texas


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Posted 14 January 2013 - 10:08 AM

Whether it will be a "nightmare" or not I can't say. Every person has his own threshold of pain. You can file for divorce where you live, or where she lives. The laws that apply are the laws of the state or province where the divorce action is filed. You may wish to do a little research to find out whether divorcing in Canada or the U.S. is better for you.

#3 Guest_FindLaw_Amir_*

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Posted 14 January 2013 - 10:51 AM

You may visit the Family Law Center: Divorce and read How to Divorce as a good resource to learn more about this subject matter. For further clarification, I suggest you consult with a local Divorce Lawyer to advise you on how to proceed.

#4 pg1067


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Posted 14 January 2013 - 01:42 PM

Can I file for divorce here where we married?

You didn't bother to say where "here" is, so I have no way of knowing. You can seek a divorce where you live, regardless of the fact that she doesn't live there. If you still live in the state where you got married, great. If not, whether you can divorce in the state where you got married depends on the laws of that state. I assume that, alternatively, you can divorce where she lives (even though you don't live there), but you'd have to verify that with a lawyer in the Canadian province where she lives.

Will it be a legal nightmare?

Define "legal nightmare." If your wife accepts service of the divorce papers and cooperates, it shouldn't be difficult. However, that you found what it a relatively simple immigration matter so difficult and expensive that you were willing to abandon your marriage suggests to me that your definition of "legal nightmare" is fairly expansive.

#5 Kristenstewart


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Posted 11 September 2013 - 11:02 PM

You can file a divorce case by mutual consent as both are willing to get divorce.. It won't be a nightmare for you as you both are willing to divorce each other.. And also you don't have kids to worry... you can file the case where you are married and you will get divorce in six months

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