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

[pern0671]

It's a complicated scenario but I need some expert advice for people who have or known someone with same situation...

Wife: currently working in Alberta on temporary working permit
husband: based outside Canada

Wife have committed adultery by having a relationship with a married man.However, this relationship of them blossom into a wildfire. The married man have left her family (with a 2month son and 6yrs old daughter).

Since adultery is not a crime in Canada. The wife of the married man can't have justice.

The wife intends to file a divorce but since the husband (based outside canada).. cant sign the document nor will not be able to recieve the divorce papers...

We have learn that even if the husband wont signed the divorce paper, the wife will still be granted a divorce?

1. Will the divorce paper admissible to Canadian court without husband signature ?
2. Can the husband who have not sign the divorce paper would be able to contest the legality of divorce papers filed by wife ?

Please let us know...your advise are highly appreciated..let me know if you need further info.

 

[Lammawitch]

1. She will be able to get a divorce. It will take longer if she is unable to serve her husband with the papers (there's a strict legal procedure to follow).

2. No.

She must be resident in Alberta for at least a year before she can file there.

 

[mylady833]

I know a case where the husband who is in Canada was forced to go back to his home country because the wife who is outside canada filed a case against him , abandonment and adultery. The judge from the home country wrote a letter to the immigration about the case and the poor guy was forced to go back to his home country to face the charges and he was also put on a no fly list because of the abandonment issue against him. The only option for yhe guy on your case is to file a case against her supported with a strong evidence of course. Also if they have children the wife will still need to require the husband's sign a custody for the children. If the wife decides to sponsor the children she still needs the husband to sign the release form of the kids. If in case where she really file a divorce then the husband will have to contest the divorce proceeding. He have 60 days to contest the divorce and another 30 days once the uncontested divorce was filed.

 

[pern0671]

Thanks LammaWitch for the reply...

she is a resident in alberta... been there for 2 years and half..

If thats the case... how we can get justice from what she have done to the husband and to the family she destroyed..

is there a govt office or site which you could track their marital status of a person residing in Canada ?

 

[pern0671]

Thanks mylady833...

The husband can file only adultery if the wife will marry again in Canada becuase the will be strong evidence (solid) we can get..we got some pics of them having dinner which might not be use as an evidence to support adultery..can't also use the statement provided by some friends..not unless they have seen the act but all they are saying that they have seen them together.. if we can document them living in one roof ? Can it be use as a evidence of adultery ?.. just a theory if it helps to get some justice.

 

[Rob_TO]

Thanks mylady833...

The husband can file only adultery if the wife will marry again in Canada becuase the will be strong evidence (solid) we can get..we got some pics of them having dinner which might not be use as an evidence to support adultery..can't also use the statement provided by some friends..not unless they have seen the act but all they are saying that they have seen them together.. if we can document them living in one roof ? Can it be use as a evidence of adultery ?.. just a theory if it helps to get some justice.

What do you expect will happen? Adultery is not a crime in Canada, so there is no "justice" to be done.

This falls under family and divorce law, and in cases of divorce both parties will split the assets and custody rights to children according to what they agree on or if they can't agree, what a judge rules in a divorce court. If the ex-wife wants "justice" in terms of financial compensation from the husband, then she better have a very good lawyer.

 

[Leon]

As others have said, the husband can not contest a Canadian divorce. After living in Canada for over a year, she has the right to file for divorce according to Canadian law.

I do not see why the husband would want to contest the divorce. He still wants to stay married to his wife after she cheated on him? Even if he could contest the divorce, it will not stop his wife from having a relationship with other men in Canada and her new boyfriend will not necessarily return to his family, that is if his wife even wants him back after he cheated on her.

 

[pern0671]

Thanks Leon...

The husband doesnt want her wife back. The husband wants to help the offended wife (the wife with 2mos old son and a daughter) to get her justice in some sort. After from making odd husband pay her alimony. She also wanted the cheating wife to be deported. She tried reporting this illicit affair to the boss of the cheating wife but it was all in deaf ears. Is there other legal way possible we could file or help the wife get justice ? By the way, how long would a non contested divorce would take before the court grant her the divorce ?

 

[zardoz]

Thanks Leon...

The husband doesnt want her wife back. The husband wants to help the offended wife (the wife with 2mos old son and a daughter) to get her justice in some sort. After from making odd husband pay her alimony. She also wanted the cheating wife to be deported. She tried reporting this illicit affair to the boss of the cheating wife but it was all in deaf ears. Is there other legal way possible we could file or help the wife get justice ? By the way, how long would a non contested divorce would take before the court grant her the divorce ?

So, basically, this is searching for revenge, not justice... Trying to get the woman fired and deported is not "justice". Do not expect help here.

 

[pern0671]

Thanks zardoz.. call it revenge..or justice...either way its same...

can't imagine how diffiult would have it been for the wife.. the wife after having a ceasarian on the 10th Dec 14.. being assualted by her husband becuase of what the cheating wife told the husband..

imagine their lives living in a small town (fort mcmurray) dealing with this everyday. And you cant do something about it. There are boundaries which normal person should have not crossed..but they have violated it..pardon me for helping them and seeking advice here.

 

[zardoz]

Thanks zardoz.. call it revenge..or justice...either way its same...

It may be in your/her culture, but it's not in Canada or most of the Western world... Moreover, no crime has been committed. Deal with it.

 

[pern0671]

It may be in your/her culture, but it's not in Canada or most of the Western world... Moreover, no crime has been committed. Deal with it.

Anyway... thanks for the reply...

 

[Aquib]

Thanks zardoz.. call it revenge..or justice...either way its same...

can't imagine how diffiult would have it been for the wife.. the wife after having a ceasarian on the 10th Dec 14.. being assualted by her husband becuase of what the cheating wife told the husband..

imagine their lives living in a small town (fort mcmurray) dealing with this everyday. And you cant do something about it. There are boundaries which normal person should have not crossed..but they have violated it..pardon me for helping them and seeking advice here.

Prem; honestly you can not do lot.
If your wife cheated you ; all you can get is divorce .
She is Canadian Resident so Canadian rules apply to her. She will get divorce from you if she filed it here.

Regarding she with other men ; is there matter.
Wife of other men can file divorce and take half asset plus Childern and there Maintanance from her husband.

I know its very hard and frustating. But Canadian this is Canadian law.

Better you try to accept it and do not pressure yourself.

All the best .

 

[Leon]

In Canada, if a man wants to leave his wife for another woman, regardless of how many children they have or how young, he can. That is not a crime. He does however have to pay. She can go after him for child support as well as alimony. As the children are young, it is even more likely that she will be granted alimony to take care of them. This does of course depend on his income. As for their assets, they will be split 50/50.

Getting justice or revenge because your ex left you is a very alien thought to Canadians. If your spouse doesn't love you any more, let them leave. You too can look for new love. There is no crime here.

 

[pern0671]

In Canada, if a man wants to leave his wife for another woman, regardless of how many children they have or how young, he can. That is not a crime. He does however have to pay. She can go after him for child support as well as alimony. As the children are young, it is even more likely that she will be granted alimony to take care of them. This does of course depend on his income. As for their assets, they will be split 50/50.

Getting justice or revenge because your ex left you is a very alien thought to Canadians. If your spouse doesn't love you any more, let them leave. You too can look for new love. There is no crime here.

Thanks Leon.

I am grateful to all who have replied. I have taken all your inputs with utmost respect.

Thanks Again cheers...