I AM CURRENTLY LIVING WITH MY GIRLFRIEND IN A LIVE RELATIONSHIP. SHE WAS PREVIOUSLY MARRIED AND SHE CAME TO CANADA AS A VISITOR FOR ALMOST 7 MONTHS AGO. I WOULD LIKE TO MARRY WITH HER. PLEASE ADVISE HOW SHE WILL GET A DIVORCE INSIDE CANADA?
SPONSOR TO SPOUSE ( DIVORCE ENQUIRY )
- Thread starter rohinverma
- Start date
She has to contact a family law lawyer who knows about immigration law as well
Your spouse will likely need to see a lawyer but it will not be immediate and may be preferable to get divorced in country of origin.
The biggest and immediate constraint: federal law defines jurisdiction and it says a province can hear and determine a divorce proceeding if one of the spouses 'has been habitually resident in the province for at least one year' (before starting proceedings).
Note, that's the minimum, and provinces (courts) will have to determine how one shows 'habitually resident.'
Then of course an international divorce will take some time - the other spouse has to be notified, etc.
Now: if you wish to sponsor your partner, it is not technically required that she be divorced - you can establish common law (on basis that she was separated). To do that you'll need 12 months documented as living together - with strong documentation for living together and especially the start of the cohabitation.
That's your first challenge anyway - make sure you can document start of cohabitation (and continued cohabitation). You'll have time to research the rest.
Also, please do not WRITE IN ALL CAPS. It feels like shouting.
The biggest and immediate constraint: federal law defines jurisdiction and it says a province can hear and determine a divorce proceeding if one of the spouses 'has been habitually resident in the province for at least one year' (before starting proceedings).
Note, that's the minimum, and provinces (courts) will have to determine how one shows 'habitually resident.'
Then of course an international divorce will take some time - the other spouse has to be notified, etc.
Now: if you wish to sponsor your partner, it is not technically required that she be divorced - you can establish common law (on basis that she was separated). To do that you'll need 12 months documented as living together - with strong documentation for living together and especially the start of the cohabitation.
That's your first challenge anyway - make sure you can document start of cohabitation (and continued cohabitation). You'll have time to research the rest.
Also, please do not WRITE IN ALL CAPS. It feels like shouting.