Filed for Divorce but it takes years in India to get divorce, what should I enter marital status and how to prove custody of my child

[kunalsingla1991]

Hello everyone, this question is for my sister:

She is married, has a 2 year old child and living separately from her husband since a year. They have decided to go on separate ways and her husband wants to remarry and so after some reconciliation attempts, he filed for divorce. But, in India it takes years before you actually get divorced and receive a divorce certificate, even if both parties want to separate. She wants to move to Canada but she doesn't have enough CRS for Express Entry draws and so will be trying in PNP, but even if she gets a provincial nomination, the main question that remains are:
1) What should she select as marital status in current situation for Express Entry application? Should it be 'Legally Separated'?
2) If we do select 'Legally Separated', what does she need to prove she is legally separated?
3) If we do select 'Legally Separated', how to prove custody of her 2 year old son, who lives with her and her husband has no interest in keeping custody?
Her husband has agreed to sign wherever she needs him to, so if there's any affidavit needed or any CIC form, can you please guide with that too...

Thanks in advance everyone.

 

[Hchadda]

I went through a similar process but without a child. I had selected legally separated in my application. As for the documentation, i had my lawyer type out on his letterhead the following details:-

• Cover letter from my lawyer stating the following :-
  • Certificate of advocate
  • Title of the divorce petition
  • Name of the court
  • Date of filing of the divorce petition
  • Next date of hearing given by court
  • Purpose of giving the next date of hearing
  • Supporting documents attached with the divorce petition:-
    • Copy of passport of Petitioner no 1 (***** ***** *****)
    • Copy of marriage certificate
• Compromise letter signed between both parties on (Insert date), both in English and Punjabi
• Petition filed The court of principal Judge, Family court, *******

In Punjab, it takes atleast 1.5 yrs for divorce process to complete in the courts. Initially you have to be separated for atleast 1 year before you can file for divorce. At the 1st hearing, the judge will automatically give you a 6mth extension to see if you guys reconcile, upon the completion of those 6mths, you then get the official Divorce certificate.

In my scenario, i'm waiting for the original divorce certificate as the courts are still closed due to covid.

IRCC did send me "Additional Documents Request" asking for more documents as proof of separation and the original divorce certificate. I'm hoping that i'll receive my certificate next week and will update them at the time. So you do need the original Divorce certificate for the application.

I can't say how this process will go if you have a kid in the picture. Sorry.

 

[Reyansh1414]

I went through a similar process but without a child. I had selected legally separated in my application. As for the documentation, i had my lawyer type out on his letterhead the following details:-

• Cover letter from my lawyer stating the following :-
  • Certificate of advocate
  • Title of the divorce petition
  • Name of the court
  • Date of filing of the divorce petition
  • Next date of hearing given by court
  • Purpose of giving the next date of hearing
  • Supporting documents attached with the divorce petition:-
    • Copy of passport of Petitioner no 1 (***** ***** *****)
    • Copy of marriage certificate
• Compromise letter signed between both parties on (Insert date), both in English and Punjabi
• Petition filed The court of principal Judge, Family court, *******

In Punjab, it takes atleast 1.5 yrs for divorce process to complete in the courts. Initially you have to be separated for atleast 1 year before you can file for divorce. At the 1st hearing, the judge will automatically give you a 6mth extension to see if you guys reconcile, upon the completion of those 6mths, you then get the official Divorce certificate.

In my scenario, i'm waiting for the original divorce certificate as the courts are still closed due to covid.

IRCC did send me "Additional Documents Request" asking for more documents as proof of separation and the original divorce certificate. I'm hoping that i'll receive my certificate next week and will update them at the time. So you do need the original Divorce certificate for the application.

I can't say how this process will go if you have a kid in the picture. Sorry.

Hi, thanks for the post. I have one question here that when you said "Copy of passport of petitioner", did you mean your Spouse's passport copy is needed?

 

[Hchadda]

Hi, thanks for the post. I have one question here that when you said "Copy of passport of petitioner", did you mean your Spouse's passport copy is needed?

Petitioner in this instance was me, sorry, i should've clarified.

 

[Nancy0089]

Hi, i have the same case but there is one big hurdle coming my way for applying for PR Canada which is that my husband and me are not in talking terms, its been 4months i am staying seperated from my husband. I want to know if i chose the legally seperated status in my profile, what would i need to present before CIC ? My husband would not be providing the needed documents also.

 

[Reyansh1414]

Hchadda : No Probs. Thanks for the revert and help. Much appreciated. Please keep us updated with your status once anything changes for you. Thanks again.

 

[Hchadda]

Hi, i have the same case but there is one big hurdle coming my way for applying for PR Canada which is that my husband and me are not in talking terms, its been 4months i am staying seperated from my husband. I want to know if i chose the legally seperated status in my profile, what would i need to present before CIC ? My husband would not be providing the needed documents also.

This is were your lawyer will come into play. The lawyer is the one who have to provide all the doc's not the (ex) partner. Everything i needed was provided to me by my lawyer.

A letter from your lawyer, on their letter head, all signed and stamped and everything, stating what's going on, a copy of the compromise letter that would've been signed by both parties stating the intention to divorce, when's the 1st expected hearing, in which court, etc, etc. The lawyer would know, the more details the better.

I have detailed all that i provided in my previous post above.

If you have the points then apply right away with this letter from your lawyer. Don't wait for the divorce proceedings.

PM if you need more details

 

[Nancy0089]

Is there any other option if I may not be able to involve a lawyer in my case ??

 

[Hchadda]

Is there any other option if I may not be able to involve a lawyer in my case ??

I suppose you can write an explanation letter yourself explaining the situation. Although a letter from a lawyer makes it more legitimate and official though and will carry more weight.

A letter written by yourself will just be your word without any backup so be really concise, clear and extremely detailed as to why you cannot hire a lawyer just yet and what your situation is.

Good luck.