Neel advice in divorce


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mengler   
Member since: Aug 10
Posts: 1
Location:

Post ID: #PID Posted on: 14-08-10 18:53:15

Hi,

Background:.

I live in Toronto, A PR, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is

not happy with me and we have frequent alterations , she has been mentally cruel to me too.

She also has plans to marry someone else.

Situation:

1. Since I sponsored her recently, How can I divorce her ? how to proceed?
2a. Since she is completely dependent on me, do I have to support her indefinately?
are we talking about indefinate spousal support
2b. Based on this situation, how long and how much do you think I have to support her?
3a. Since I was married in India, Can I file for divorce in India?
3b. Is it better for me to file for divorce here in Canada?
3c. If I get divorce in India is it valid here or viceversa?
4. Do I have to be separated before I file for divorce?
5. What if She doesn't want to divorce me?

I am a mess right now, please advise. Thanks......



ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 15-08-10 10:28:58

Quote:
Originally posted by mengler

Hi,

Background:.

I live in Toronto, A PR, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is

not happy with me and we have frequent alterations , she has been mentally cruel to me too.

She also has plans to marry someone else.

Situation:

1. Since I sponsored her recently, How can I divorce her ? how to proceed?
2a. Since she is completely dependent on me, do I have to support her indefinately?
are we talking about indefinate spousal support
2b. Based on this situation, how long and how much do you think I have to support her?
3a. Since I was married in India, Can I file for divorce in India?
3b. Is it better for me to file for divorce here in Canada?
3c. If I get divorce in India is it valid here or viceversa?
4. Do I have to be separated before I file for divorce?
5. What if She doesn't want to divorce me?

I am a mess right now, please advise. Thanks......


--------------------------------------------------------------------------

Join one of the low cost telephone long distance companies with which you can call India. Get a second phone line to listen in and have a conference call to India.
Get all of the people who arranged the darn marriage for you both. Let the wife start off the conversation with all of her beef. Then decide which way to go.

You both need some one to mediate this matter rather than bring it to this forum to air your dirty linen. This is the minimal cost that you will incur to resolve it one way or the other.

If and when the beefs between the two of you are settled, carry on smartly and decide if you both are going to live together happily ever after or move on in life without the support of each other.

Also look for some mediator here if available. If you cannot, then, PM me and I will arrange for some one to do the mediation for you both, at a cost to you. While you are getting a patient listening, behave and move about as delicately as possible till all of it blows over. These are symptoms that one acquires when you uproot yourselves from your support circle and have no friends or families to fall back upon. I am sure that this could be resolved amicably between the two of you.


Freddie.




morning_rain   
Member since: Feb 05
Posts: 1920
Location: British Columbia

Post ID: #PID Posted on: 15-08-10 10:47:00

Quote:
Originally posted by ftfl

Quote:
Originally posted by mengler

Hi,

Background:.

I live in Toronto, A PR, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is

not happy with me and we have frequent alterations , she has been mentally cruel to me too.

She also has plans to marry someone else.

I am a mess right now, please advise. Thanks......


--------------------------------------------------------------------------

Join one of the low cost telephone long distance companies with which you can call India. Get a second phone line to listen in and have a conference call to India.
Get all of the people who arranged the darn marriage for you both. Let the wife start off the conversation with all of her beef. Then decide which way to go.

You both need some one to mediate this matter rather than bring it to this forum to air your dirty linen. This is the minimal cost that you will incur to resolve it one way or the other.

If and when the beefs between the two of you are settled, carry on smartly and decide if you both are going to live together happily ever after or move on in life without the support of each other.

Also look for some mediator here if available. If you cannot, then, PM me and I will arrange for some one to do the mediation for you both, at a cost to you. While you are getting a patient listening, behave and move about as delicately as possible till all of it blows over. These are symptoms that one acquires when you uproot yourselves from your support circle and have no friends or families to fall back upon. I am sure that this could be resolved amicably between the two of you.
Freddie.



I dont agree with you Freddie that the OP is just airing his 'dirty linen'. In a public forum there is nothing wrong with asking others for help. You arent being helpful to this person by judging him from the start.

Secondly - A marriage does NOT require friends or family to mediate their problems or to be present, it requires communication and understanding. Perhaps the OP did not know his spouse well - but im speculating because he does not mention the reasons for the problem in his post.

They need a counsellor not a conference call. That will not help. People who arent trained in counselling and facilitation can often make a situation worse.


-----------------------------------------------------------------
~ Morning rain



ftfl   
Member since: Jul 06
Posts: 2335
Location:

Post ID: #PID Posted on: 15-08-10 13:45:35

Quote:
Originally posted by morning_rain

Quote:
Originally posted by ftfl

Quote:
Originally posted by mengler

Hi,

Background:.

I live in Toronto, A PR, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is

not happy with me and we have frequent alterations , she has been mentally cruel to me too.

She also has plans to marry someone else.

I am a mess right now, please advise. Thanks......


--------------------------------------------------------------------------

Join one of the low cost telephone long distance companies with which you can call India. Get a second phone line to listen in and have a conference call to India.
Get all of the people who arranged the darn marriage for you both. Let the wife start off the conversation with all of her beef. Then decide which way to go.

You both need some one to mediate this matter rather than bring it to this forum to air your dirty linen. This is the minimal cost that you will incur to resolve it one way or the other.

If and when the beefs between the two of you are settled, carry on smartly and decide if you both are going to live together happily ever after or move on in life without the support of each other.

Also look for some mediator here if available. If you cannot, then, PM me and I will arrange for some one to do the mediation for you both, at a cost to you. While you are getting a patient listening, behave and move about as delicately as possible till all of it blows over. These are symptoms that one acquires when you uproot yourselves from your support circle and have no friends or families to fall back upon. I am sure that this could be resolved amicably between the two of you.
Freddie.



I dont agree with you Freddie that the OP is just airing his 'dirty linen'. In a public forum there is nothing wrong with asking others for help. You arent being helpful to this person by judging him from the start.

Secondly - A marriage does NOT require friends or family to mediate their problems or to be present, it requires communication and understanding. Perhaps the OP did not know his spouse well - but im speculating because he does not mention the reasons for the problem in his post.

They need a counsellor not a conference call. That will not help. People who arent trained in counselling and facilitation can often make a situation worse.


==================================================




aslam_ca   
Member since: Jul 10
Posts: 28
Location:

Post ID: #PID Posted on: 18-08-10 16:26:47

Hi ,

Please don't thinkg about divorce in this stage, go for family counseling, u can consult ur temple or community services in ur area.

The symptoms u mentioned in ur post are realy serious, for precaution u better monitor her activity specialy phone calls.

Here in Canada we see many spouses soon after coming get seprated from their partner, and get money from Gvot or spouse in terms of maintanence. In case of divorce u will be bound for 3 years, U can't sponser ur spouse till next 3 years. and once if she go to welfare from Govt, u need to pay those money to Govt.

Sponser spouses get these advantge and later their sponser their own beloved.

My friend its very selfish society.

Another precaution secure ur bank a/c.






RajM78   
Member since: Nov 06
Posts: 3
Location:

Post ID: #PID Posted on: 19-08-10 00:44:50

Answers

1) Since you both are Canadian Residents, you can seek legal advice in Canada and file for divorce in Canada ONLY

2a) You have to support her for 3 years from the date she landed in Canada. You might have to bear her lawyer cost (along with your lawyer cost) as well as she is dependent on you financially. However, check this out when you seek legal advise

2b) Period of support is 3 years. How much - All her living cost (food, housing, clothes, transportation, medical not covered under government like dental, vision etc.)

3a) Now you can not file divorce in Canada, as your wife is living in Canada for more than 6 months and she is a Canadian Resident like you are. Even if you get a divorce from India, it will not be recognized in Canada.

3b) For a divorce to be recognized in Canada, yo have to file divorce in Canada

3c) Divorce from India will not be valid in Canada. Divorce from Canada will be valid in India.

4) There is usually a separation period of 1 year, before Canadian court gives divorce. I guess separation is not required, if one of the spouse is guilty of cheating (extra marital affair).

5) Canadian Law/Court gives divorce if either of the spouse wants divorce. There is separation period of 1 year.








RajM78   
Member since: Nov 06
Posts: 3
Location:

Post ID: #PID Posted on: 19-08-10 00:48:40

Correction....


3a) Now you can file divorce in Canada, as your wife is living in Canada for more than 6 months and she is a Canadian Resident like you are. Even if you get a divorce from India, it will not be recognized in Canada.





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