whats the divorce process ?

[sukh910]

What’s the process of divorce? My husband got landed 2 months ago from home country on PR status. It’s not a conditional PR, he has not got his PR card yet. Can I divorce him right away or have to wait for 2 years to keep his status Permanent residence
We got married 4 years ago in India, I came here on student visa after study, I applied PR on Canadian experience classes for both of us. I was principle applicant on file. I never been India in those 4 years and he never been in Canada. We lived together 6 months after marriage in India.

 

[Lammawitch]

If he doesn't have condition 51 on his COPR/pr card, he is a permanent resident & his status will not be affected.

Divorce process: as you have lived in Canada for over a year, do a search for "divorce [name of your province]" and follow the procedures.

 

[keesio]

Can I divorce him right away or have to wait for 2 years to keep his status Permanent residence

Just curious, why would you even consider waiting 2 years to help him keep PR if you want to divorce him?

 

[sukh910]

thanks for reply

i do not care for his PR, i just want to get divorce from him as soon as possible.... he badly cheated on me financially and mentally......
i looked up the website for divorce it says "You and your spouse have lived apart for one year and consider your marriage over.", but i want to get divorce right now ..... is there any way to get divorce from him,,.....

 

[jesmithers]

thanks for reply

i do not care for his PR, i just want to get divorce from him as soon as possible.... he badly cheated on me financially and mentally......
i looked up the website for divorce it says "You and your spouse have lived apart for one year and consider your marriage over.", but i want to get divorce right now ..... is there any way to get divorce from him,,.....

As far as I know you need to be separated for a year before filing for divorce. I would contact CIC to let them know you've separated and see what they say in regards to that.

 

[sukh910]

I already talked to call center agent ..... they stated your husband got fully PR it is not a conditional PR so cannot cancel it now ......

 

[sukh910]

and stated i should have have informed them before landing in that case

 

[sukh910]

i paid all of my college fee by myself ..... and waited for him for 4 years ...... now i came to know he have gf ,..... he got Canadian PR without any cost.... he just used me to get Canadian PR

 

[Lammawitch]

thanks for reply

i do not care for his PR, i just want to get divorce from him as soon as possible.... he badly cheated on me financially and mentally......
i looked up the website for divorce it says "You and your spouse have lived apart for one year and consider your marriage over.", but i want to get divorce right now ..... is there any way to get divorce from him,,.....

Depending on your province, (see my advice in previous post), you register your legal separation. Then 1 year on you apply to/get a divorce.

PR/CIC/immigration has nothing to do with it. Is there some sort of financial support requirement you are worried about?

 

[Lammawitch]

i paid all of my college fee by myself ..... and waited for him for 4 years ...... now i came to know he have gf ,..... he got Canadian PR without any cost.... he just used me to get Canadian PR

In that case you report him to CIC for marriage fraud. But it won't speed up any divorce proceedings.

 

[Gemmie]

If someone is married in India, wouldn't they have to go through the process of divorcing under the rules
set out for divorce in India?

In Canada, if married here, you must be separated for one year before a divorce can be ordered.

If married in the states, some places a divorce can be obtained in few months.

I'm just not certain what rules apply to divorcing when the marriage was in another country.

 

[Lammawitch]

If someone is married in India, wouldn't they have to go through the process of divorcing under the rules
set out for divorce in India?

In Canada, if married here, you must be separated for one year before a divorce can be ordered.

If married in the states, some places a divorce can be obtained in few months.

I'm just not certain what rules apply to divorcing when the marriage was in another country.

The OP can divorce in Canada because she has been resident for at least a year.

She may well be able to divorce in India if that was where they married; in which case she needs to look up the procedure there. It may be fast, I don't know.

ETA: I had a quick look at India divorce:
http://www.divorcelawyers.co.in/how-to-get-a-divorce-in-india/

 

[Gemmie]

Probably just easiest to divorce here then since its obtainable, and possibly cheaper.

 

[sukh910]

he is so clever, i do not have any proof that he cheated on me.... and he do not want to get divorce..... we got married in India...
my parents did all the expense on my marriage like dowry ..... after that he just paid 1 fee from India and i worked hard here and paid all my college fee by myself ....
i want to get back money which my parents spend on my marriage but he does not have any property named on his name in India.... all the property is on his parents name

 

[Lammawitch]

he is so clever, i do not have any proof that he cheated on me.... and he do not want to get divorce..... we got married in India...
my parents did all the expense on my marriage like dowry ..... after that he just paid 1 fee from India and i worked hard here and paid all my college fee by myself ....
i want to get back money which my parents spend on my marriage but he does not have any property named on his name in India.... all the property is on his parents name

It is very unlikely you will recovery any money.

Perhaps India divorce laws would provide for this, I don't know.

Whether he wishes to divorce or not doesn't matter here in Canada: just follow the prodedures we've already given.