please help i file my divorce case now what kind of documents need to submit...

[deeptijkm]

Dear Sir/Madam,

I had applied for Canadian PR through CIC in 2017 and has shown my spouse as 'non-accompanying' as me and my husband had been estranged. I finally got my ITA because of PNP nomination on the merit of my sole application.

After receiving my ITA, I again tried to convince my husband to file for his PR along with me for which he would have to only go through PCC/Medical. but he steadfastly refused it. Since, I was left with no choice, I finally filed for divorce a few days back. Given, the final divorce decree will take a year or more to be issued, given the slow pace of Indian courts. Hence please advise on following.

Query 1. I have to re-upload document in CIC portal after the ITA and I am planning to chose the Option of 'Divorced' with'No children'. Along with standard set of documents, I plan to upload following:

i) Court certified copy of divorce petition
ii) A notarized affidavit under oath that a) I will submit the final divorce decree to CIC as when I get it b) That I will never sponsor my spouse for PR
iii) Letter of explanation

Please advise, if these documents will be considered by CIC

Query 2. In the CIC portal, I have to fill in the 'divorce date'. But technically I have only filed for divorce but haven't been granted one yet. So, can I fill in the date of divorce filing as the 'divorce date'. Without this date, I cannot proceed further on the online form.


I am stuck between very difficult choices hence your advise will be great assistance to me.

Regards,
Deepti

 

[Bryanna]

After receiving my ITA, I again tried to convince my husband to file for his PR along with me for which he would have to only go through PCC/Medical. but he steadfastly refused it. Since, I was left with no choice, I finally filed for divorce a few days back. Given, the final divorce decree will take a year or more to be issued, given the slow pace of Indian courts. Hence please advise on following.

Hi Deepti,

Sorry to hear about the difficult situation you are going through.

If I have understood correctly, you have filed for divorce in an Indian court of law, right?
At what stage of the court proceedings is your divorce case presently?
Do you have/can you apply for 'Judicial separation'?


Cheers

 

[deeptijkm]

Hi Brayanna,

Thanks for the concern,

judicial separation means u r still in d relationship your marital status would be separated not divorced,in of these cases i need to submit medical and PCC from my husband.and he is not interested to help me in any case ,infact he want to trouble me and want divorce proceeding start...i already filled the petition on 3rd march......so to get divorce decree will take couple of years......and i need to file my PR before 6th may.....with all document.....
my question is what kind of documents i can submit in this situation...

thanks

 

[Bryanna]

judicial separation means u r still in d relationship your marital status would be separated not divorced,

A decree of judicial separation granted by a competent court would mean that the marriage has broken down. It is considered as the last stage before divorce,

You can file for judicial separation on grounds of mental cruelty. Do check with a lawyer who specializes in matrimonial disputes.

The advantage you would have in getting a decree of judicial separation is you can submit it for your PR application. You must mention you have also filed for divorce (include evidence of the divorce petition + a court-issued letter and/or even a screenshot of the Court website to prove your divorce matter is filed and at what stage it is).... and you must state in your PR application that you do not intend to sponsor your husband through Family Class in the future.


You cannot submit your current divorce petition/case, on its own, for your PR application because:
1. It was filed recently i.e. barely four days ago = The court summons has definitely not been served on your husband

2. Based on your post, it seems like a contested divorce proceeding and not a mutual consent one = Could take many years to be legally disposed.

3. IRCC will not accept your divorce petition until a divorce decree is granted


BTW a simple affidavit prepared by a lawyer which states you have applied for divorce will not work either for your PR application

 

[ManojN]

Hi Friends,
I have just started my process for PR form india in the month of Jan'20. My problem is I am going through a divorce procedure & my relation with my ex wife is not good & we are not in talking terms. I am worried she will not be giving divorce so soon as the case is going on since last 3 & half years. If she comes to know that i am moving she will definitely not to help me in any way. I have divorce petition paper, also acquired a petition certificate claiming divorce is ON in the said court. Need to know in this situation why need to be done. Since she will not be giving divorce so soon n my lawyer says you can go no issue. Case they will be handling. Pls help

 

[scylla]

Hi Friends,
I have just started my process for PR form india in the month of Jan'20. My problem is I am going through a divorce procedure & my relation with my ex wife is not good & we are not in talking terms. I am worried she will not be giving divorce so soon as the case is going on since last 3 & half years. If she comes to know that i am moving she will definitely not to help me in any way. I have divorce petition paper, also acquired a petition certificate claiming divorce is ON in the said court. Need to know in this situation why need to be done. Since she will not be giving divorce so soon n my lawyer says you can go no issue. Case they will be handling. Pls help

You should have no issues as long as you can provide paperwork showing that you have filed for divorce.

 

[ManojN]

Thanks for your prompt reply. But when i went through the forums people claim that CIC would ask for Divorce decree which most of the people might not be having as it takes time. Since the opposite party purposely wants to delay the divorce procedure. I just need to confirm whether proof of such court proceedings going on is enough and have anybody got PR in such cases. Thanks.

 

[scylla]

Thanks for your prompt reply. But when i went through the forums people claim that CIC would ask for Divorce decree which most of the people might not be having as it takes time. Since the opposite party purposely wants to delay the divorce procedure. I just need to confirm whether proof of such court proceedings going on is enough and have anybody got PR in such cases. Thanks.

Recommend you join the Express Entry section of the forum and read through the posts there.

 

[ManojN]

Ok Done..will do that. Thanks a ton