how to contest a divorce if filed by a wife working in Canada...

[Bryanna]

From what you have mentioned..... there could be two divorce suits..... one is between the cheating wife with the husband who lives abroad, right? My suggestions pertain to this particular divorce suit


a. Where did the marriage take place? In Canada? Or the home country of the man who lives abroad?

b. Where did the Petitioner/Respondent last reside together after marriage? In Canada? Or their home country?


It IS possible to contest a divorce case filed in Canada even if the estranged spouse lives abroad and is NOT present in the Alberta Court for the divorce proceedings..... and/or even if he does not have an attorney to represent him in the Alberta Court.


Having stated this, adultery is not a crime in Canada.... the husband living abroad can file a caveat in the Alberta Court stating that the divorce suit cannot be heard ex-parte ie without him filing his written legal say if his cheating wife files for divorce in Canada first.

Further, the husband living abroad can also seek recourse to justice by filing a counter divorce suit in his home country FIRST (before his wife files for divorce in Canada).


If the answers to the above questions (a) or (b) are Canada then the Alberta Court has the legal jurisdiction to hear the merits of this divorce matter.

If the answers are "Home Country" then the man can file for divorce in his home country because the Home Country Courts will have the legal jurisdiction + any orders/motions passed by the Alberta Court will NOT be legally binding on the man living abroad + later he can even legally contest (in his home country courts) any divorce decree that his cheating wife may get passed in her favor by the Alberta Court


Even if a divorce suit is filed in Alberta, the wife must serve summons on the man who lives outside Canada so that the case can proceed..... he can then file his written legal say.... this is possible without him being present in the Alberta Court physically for the divorce proceedings.... and/or even without him having an attorney to represent him in Canada. This will make it contested divorce proceedings. The Alberta Courts allow this.

Btw he can send his legal written say in the divorce matter directly to the Alberta Courts..... or through his attorney appointed in his home country.... he can send this by recorded delivery post.... the Court Clerk will take his written legal say along with any evidence on board.... and it will be considered during the divorce proceedings filed by the wife who is living in Canada

A contested divorce may be necessary if the husband living abroad is seeking compensation, child custody, etc

 

[pern0671]

Thanks Bryanna for the reply...to answer your queries..


a. Where did the marriage take place? UAE. All parties involved doesn't have divorce process in home country.

b. Where did the Petitioner/Respondent last reside together after marriage? In Canada? UAE. After 8 years of marriage and living together in UAE. The cheating wife went to Canada to work. The husband tried several times to apply to Canada both as Federal and thru a skilled worker but since luck was not on his side. He was not able to go to Canada. Since the work was for an entry level "cashier" he help wife the process the papers and apply for the job meant for the wife. The husband was over qualified being an IT professional applying for cashier. The purpose why the cheating wife was there is work her way up to get a chance to be promoted then sponsor the husband And start build a family. But due to the affair made..all plans was shelve and thrown out to the window.

Thanks for the reply.. It was an informative one which would be helpful in the future

 

[scylla]

You're not going to get the revenge you're looking for. Adultery isn't grounds for deportation since it's not a crime. There is nothing stopping her from staying in Canada and working - and evantually getting PR. Best to just move on with your life.

 

[Bryanna]

@ Scylla:
Quite clearly the husband does not want the cheating wife back.... and he has probably moved on in life

Does the husband have no rights to be heard even in the Alberta Court? Can he not file for divorce in his home country? Would the Alberta Court hear a one-sided divorce petition if the wife files it without giving an opportunity to the husband?

There are horribly worse cases than this and revenge is not the objective for filing/or being a respondent to a divorce suit.... either in Canada or elsewhere


@ pern0671:
It is most unfortunate that the relationship deteriorated after so many years of being in that marriage. Sometimes one can never really "know" the person even after knowing the person for many years


As the marriage took place in UAE:
Are both persons UAE nationals? Or did they get married under a Foreign Marriage Act (if they are nationals of other countries)?

And also, as they both last resided together in UAE for 8 years.... then the husband can file for divorce FIRST quickly in UAE.... (if the marriage has broken down completely.... and if there is no scope for reconciliation).... and he can also file a caveat in the Alberta Court that any divorce petition/proceedings filed by the cheating wife cannot be heard ex-parte without his knowledge

Courts take cognizance of where a divorce suit is filed first.... hence, if the husband files first then his divorce suit will carry more legal weight..... and a second court normally cannot pass an order if the matter is sub judice in the first court

From a legal perspective, the husband should contest any divorce suit filed by the cheating wife.... because (if for eg) she files the divorce petition on false grounds then that divorce decree can affect his future

The Alberta Court is very fair and just


All the best

 

[pern0671]

Thanks Bryanna..

Well the husband was indeed have move on...they are not a citizen of UAE but an expat..they are from Philippines..

if not only for the family of cheating husband... the husband of the cheating wife would not have come out and asked for help to aid the grieving wife. A lot of people could easily say things about moving on.. But knowing there situation..it would be hard to let it passby without putting a fight... atlest the husband made a point to the grieving wife that her actions was not tolerated and would try to help in any legal way possible..

Lets just make this situation as informative as possible to aid others who doesn't want to speak..