Divorce after spousal sponsorship failed

[Sleeychika]

Hi everyone,

Can someone please give me some advice?i will try to give as much detail as possible here. I am a Canadian citizen and moved to Vietnam 4 years ago for work. I have NOW lived in Vietnam continously without going back to Canada for 2 years. I married an Indian man in 2015 in India. I went back to Canada that same year and I filed for spousal sponsorship which was rejected. I never reapplied and soon after, let’s say that s**t hit the fan with me and my husband in India and we have been separated for 2 years now.

I now want to re marry and thinking that my be I should file for divorce Incase I want to take my future husband to live in Canada with me one day.

I now want to file for divorce. However, My questions are:
1.since we were married in India and Ontario govt Rejected my spousal sponsorship application, do I need to legally file for divorce in Canada from my Indian husband? ( Incase I want to remarry again?)
2. Or, because the first marriage did not happen in Canada, Canadian govt wouldn’t care if I remarry again and apply for a second spousal sponsorship for my second husband?
3. Since I have been living out of Canada for the past 2 years, will I need to get a divorce certificate from India where my ex has lived before I start the divorce application process in Canada? ( I was told that I can only apply for divorce in Canada had I lived there for atleast one consecutive year before I apply for divorce which I have not). Am I correct?

Thank you all in advance.
Chika

 

[canuck78]

You'll have to get divorced in India. You'll need to show that you got divorced if you remarry and try to sponsor another spouse

 

[Sleeychika]

You'll have to get divorced in India. You'll need to show that you got divorced if you remarry and try to sponsor another spouse

Thank you very much canuck78! . So if I understand the process correctly, then I should:
1. Get a divorce from India. Get the paper in English translated and notarized
2. Go to Canada and file for divorce with the Indian divorce certificate
3. Once the divorce is finalized, then I can get remarried.

Also, in one the websites it said that an exception to the case of ‘one of the spouse has to have lived in the province they are filing for divorce for 1 consecutive year’ is that if the Canadian spouse can prove that they have significant attachment to Canada even though they have not lived there for more than a year such as a house, property, parents can allow them to apply for divorce directly in Canada without divorcing in India. Do you happen to know anything about this? If this works, it will save me a trip to India and the Indian paperwork.

I could have easily applied for divorce in Canada If I was living there . My situation is complicated because I have lived out of Canada for a while now.
Thank you for your reply!!

 

[DollyM]

Thank you very much canuck78! . So if I understand the process correctly, then I should:
1. Get a divorce from India. Get the paper in English translated and notarized
2. Go to Canada and file for divorce with the Indian divorce certificate
3. Once the divorce is finalized, then I can get remarried.

Also, in one the websites it said that an exception to the case of ‘one of the spouse has to have lived in the province they are filing for divorce for 1 consecutive year’ is that if the Canadian spouse can prove that they have significant attachment to Canada even though they have not lived there for more than a year such as a house, property, parents can allow them to apply for divorce directly in Canada without divorcing in India. Do you happen to know anything about this? If this works, it will save me a trip to India and the Indian paperwork.

I could have easily applied for divorce in Canada If I was living there . My situation is complicated because I have lived out of Canada for a while now.
Thank you for your reply!!

No, you don't get divorced again in Canada. If you divorce in India then you're divorced everywhere. So....
Get divorced in India, then remarry if you want to remarry. End of.

 

[Sleeychika]

No, you don't get divorced again in Canada. If you divorce in India then you're divorced everywhere. So....
Get divorced in India, then remarry if you want to remarry. End of.

Hi DollyM,
Thanks for the response. So if I get divorced in India and get the certificate ( translated in English with sworn affidavit by translator). And when I remarry in Vietnam and apply for spousal sponsorship for the second time for my new husband, the Canadian govt will be fine with the Indian divorce certificate? I won’t have any problems? I am just a bit confused because the govt has records of my first marriage and rejected spousal sponsorship application in their records.

Hope my question makes sense. Thanks a lot!!

 

[canuck78]

Hi DollyM,
Thanks for the response. So if I get divorced in India and get the certificate ( translated in English with sworn affidavit by translator). And when I remarry in Vietnam and apply for spousal sponsorship for the second time for my new husband, the Canadian govt will be fine with the Indian divorce certificate? I won’t have any problems? I am just a bit confused because the govt has records of my first marriage and rejected spousal sponsorship application in their records.

Hope my question makes sense. Thanks a lot!!

Yes no need to apply in Canada. All you need is the proof that you got divorced so you were free to get remarried. Getting divorced in India can be a lengthy process so I would start looking into it.

 

[DollyM]

If you live in Vietnam why are you getting divorced in India? You file for divorce from the place you live, not where you got married, or where the other party lives. You file in Vietnam and have the papers served on your Indian husband. http://vietnamlawmagazine.vn/divorce-in-vietnam-4836.html

 

[Kedeisha]

I agree divorce where you living not India if you lived in Canada you could've filed your divorce here

 

[canuck78]

You can still get divorced in India if the future ex-wife lives in India. Doubt any of us are familiar with Vietnamese law and who can file for divorce there especially because none of the parties seem to be permanent residents of Vietnam. You're going to have to consult a lawyer in Vietnam and/or India.

 

[Sleeychika]

Yes no need to apply in Canada. All you need is the proof that you got divorced so you were free to get remarried. Getting divorced in India can be a lengthy process so I would start looking into it.

Thank you

 

[Sleeychika]

I agree divorce where you living not India if you lived in Canada you could've filed your divorce here

I will look into Vietnam laws and see.. thanks

 

[Sleeychika]

You can still get divorced in India if the future ex-wife lives in India. Doubt any of us are familiar with Vietnamese law and who can file for divorce there especially because none of the parties seem to be permanent residents of Vietnam. You're going to have to consult a lawyer in Vietnam and/or India.

Thanks! I will have to do a bit more research about what is allowed here in Vietnam but Does Anyone know about getting divorced in Canada even if you have been away for a year? I heard that if I can prove that I own property and have family ( parents) in Canada that I can maybe put my case forward and apply in Canada instead of India or Vietnam. Anyone know anything about this?thanks..

 

[Sleeychika]

I agree divorce where you living not India if you lived in Canada you could've filed your divorce here

Thanks kedeisha.. do you happen to know anything about exceptions to filing for divorce in Canada even if you were out for over a year on the grounds that you own property and have family in Canada and that Canada is the permanent base? ( I read in a website that that can be claimed sometimes). Thanks

 

[Sleeychika]

If you live in Vietnam why are you getting divorced in India? You file for divorce from the place you live, not where you got married, or where the other party lives. You file in Vietnam and have the papers served on your Indian husband. http://vietnamlawmagazine.vn/divorce-in-vietnam-4836.html

Thank you DollyM