Filipino citizen who got divorce before filing PR

[Bellapink26]

Hello!

I have a common law partner here in BC (almost a year now). I would like to ask to those who got divorce before (or during) they filed for Spousal Sponsorship. I am under visitor visa but been living nearly a year now with my partner.

Can anyone provide detailed information on how to process divorce in Canada.?
I would like to file for uncontested since I have a feeling that my spouse in the Philippines won't agree. Though I still need to find him before doing so.

How much is the average rate to hire a family lawyer for the divorce?
Is it difficult to file for divorce on my own?

 

[scylla]

I can't answer your questions - but hopefully you're aware that you don't have to be divorced to be sponsored as a common law partner. You can submit the application and even be approved before you are divorced (as long as you meet the common law criteria and have lived together continuously for at least one full year). Just wanted to make sure you knew that...

 

[Louman64]

Please clarify your status... basically your are a tourist here in canada? before you can divorce him you have to be a resident of canada for 1 year and if not you cannot divorce as your are both filipino citizen... its either legal seperation or annulment or you have to wait for 1 year after you got your PR

 

[Filipinay]

Hello,

Scylla is right u don't have to be divorced if u want to apply under common law as long as u meet the requirements. As to my experience, me and my new husband are both Filipino and I divorced my ex in Canada. Before the family court can grant you uncontested divorce, the court will issue a letter to your legal husband in the Philippines informing him that u are seeking to divorce him. He's given 30 days to respond, if he will not respond, then that's the only time u can be granted uncontested divorce. In my case, I filed in Ontario and I've included a cover letter stating that I've tried my very best effort to contact my husband but to no avail. You must be ready for the proofs that u did really try o locate him when asked by the court. I didn't use a lawyer, I filed by myself, I just went to a legal aid in the family court as well who will guide u through. It took a good 3-4mos to have my divorce get finalized. Start checking your local Family court's legal aide and see what advise they can give you. Hope this helps!