How Do I Divorce Someone I Married in Canada if I Live in the US?
Full Question:
Answer:
The divorce process begins with the filing of the divorce petition. If you wish to have a separation agreement between the spouses prior to the divorce, you may also create a separation agreement. VA law states that in a an agreement between the parties pursuant to §§ 20-109 and 20-109.1 amy be incorporated into a divorce decree. Agreements, otherwise valid as contracts, entered into between spouses prior to the marriage are recognized and enforceable.
Divorce may be granted in Virginia on a no-fault or fault/grounds basis. Adultery is a grounds for divorce in Virginia. Virginia law allows for no-fault divorces to granted if the parties seeking the divorce have lived separate and apart without cohabitation for an uninterrupted period of one (1) year. If the parties have entered into a separation agreement, there are no children borne of the marriage or adopted by the parties and both parties have lived separate and apart without cohabitation for an uninterrupted period of six (6) months, the court may also grant a no-fault decree of divorce. The timeline for granting a divorce decree will depend on the court's docket, as some judges and courts are busier than others. You might call the clerk of courts at the local court to inquire about timeframes.
Living in the same house but in separate rooms isn't considered separated, the spouses must not be residing in the same home. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home may be considered by the court in awarding support.
In order for your U.S. divorce to be recognized in Canada, you would need an opinion letter from an Canada lawyer recognizing the validity of the divorce. This is otherwise known as a recognition of foreign divorce. You must obtain one of these if you have a foreign divorce and plan on remarrying in Canada.
Hopefully, she will not have a problem accepting service of the divorce complaint. International service of process in divorce is a complicated matter and advice from a local lawyer who specializes in international divorce matters should be sought when needed.
Please see the links below to forms needed for filing for divorce in VA. Forms include the required petition or complaint, waiver, separation agreement, financial reporting statements, judgment and other forms to complete your divorce. We can assist you with searching to locate forms or we can draft and add forms you may need to our database. However, we cannot advise you to use one particular form over another. We can show you what is available. Please see the forms at the links below to see if they meet your needs or let us know if you would like us to draft a form to meet your needs. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.
For further discussion, please see:
http://divorcesupport.about.com/od/foreignspouse/f/foreigndivorce.htm
http://www.divorceincanada.ca/general.htm
