Divorce Question

Kids involved?

Cheapo-Findo wrote: ↑Kids involved?

Yes, I do. 7 months old

Yep, you need to consult a lawyer.

ninjasmilez11 wrote: ↑ Yes, I do. 7 months old

OP......long and short of family law responsibility with regards to a citizen who sponsored a spouse to Canada, who then becomes a PR.

'You're responsible for them for 3yrs (they need to meet the residency requirements of consecutive 1095 days in the country) i.e. till they become a citizen. If the marriage is valid in Canada, then you will be on the hook for child suport and potential alimony if your spouse meets the requirements. Then there is division of assets. You sound not well versed in family law, so as mentioned above.....go retain the services of a family lawyer, to help navigate the muddy waters.

As the country moves back to the office.....the family courts are going to be busy with pending separations/divorces, from the last 2yrs.

Your wife can claim 1/2 of the gain between the time of your marriage to your separation.

If you had $2,000 in your bank account at time of marriage and now you have $10,000 that means your wife is entitled to $4,000.
The same formula applies to your pre-construction home. (for the portion that is yours)

What happens to assets after separation is irrelevant.
The key is for the separation to be in writing this way there's no dispute of when it happened.

Coming from a nasty divorce. Here are some advise
- talk to each others to see what's she wants and what seems fair for the 7 months
- Strongly advise you go to a lawyer
- 3 years sponsored is a really nothing here, mine still haunted me after 10 years ....the kid is 14 now and I still can't wait until he's turn 18

dongta wrote: ↑ Coming from a nasty divorce. Here are some advise
- talk to each others to see what's she wants and what seems fair for the 7 months
- Strongly advise you go to a lawyer
- 3 years sponsored is a really nothing here, mine still haunted me after 10 years ....the kid is 14 now and I still can't wait until he's turn 18

If you don't mind sharing your experience, why are you looking forward to the time your kid becomes a legal adult?

Fair to say you didn't fight for 50-50 parenting then / didn't have the time to handle that? Some people are ok just paying full table amount child support, and only seeing their kids once in a while. When kids turn 18, it's not an automatic CS stop. Onus is on you to go back to court provided the kids are not going to post-secondary, to get an updated court order to stop your payments. Otherwise FRO/the other province equivalents continue to garnish your wages, and courts don't claw back from the payment receiving CS.

dongta wrote: ↑ Coming from a nasty divorce. Here are some advise
- talk to each others to see what's she wants and what seems fair for the 7 months
- Strongly advise you go to a lawyer
- 3 years sponsored is a really nothing here, mine still haunted me after 10 years ....the kid is 14 now and I still can't wait until he's turn 18

....because this is when CS usually stops if the kids don't attent post-secondary. If the do....21 is the age it stops after 1 degree.

ElBorak wrote: ↑ If you don't mind sharing your experience, why are you looking forward to the time your kid becomes a legal adult?

I got a question. What if the wife never comes back to Canada and claims a divorce from there? Would I still be accountable for paying half? I definitely need to contact a lawyer but just wanted to get your opinions

You should really do your best to keep her in India for another 6 months. You are responsible for her for 3 years after she became a PR. She can come to Canada, spend unlimited amount of money and it's all on you. The petty 10 grand you are scared about should be the least of your worries.

Keep her in India!!!!!

ElBorak wrote: ↑ If you don't mind sharing your experience, why are you looking forward to the time your kid becomes a legal adult?

Don't want to de-rail the thread so reply you guys in PM... but basically... just try to avoid call from CAS

Nobody should upvote this garbage comment by Tha_Doggg

If someone asks a question. And the answer should not be "go to a lawyer".

Specially in this case, the guy has $10K in his bank account. You think he can afford a lawyer that will charge few hundreds per hour just to talk.

Tha_Doggg wrote: ↑ Strongly advise you go to a lawyer to get your answers. Wish you good luck and all the best!

LeePascal wrote: ↑ Nobody should upvote this garbage comment by Tha_Doggg

If someone asks a question. And the answer should not be "go to a lawyer".

Specially in this case, the guy has $10K in his bank account. You think he can afford a lawyer that will charge few hundreds per hour just to talk.

Strongly disagree with this comment.

Not to go offtopic but I hate people that simply points the obvious answer.. If someone wanted the obvious answer, dont you think they would have done it by now? For eg-

Question- My car was hit in the parking lot. Can I get some help?
Lazy RFD Answer- goto a Lawyer

Q- My tooth hurts. What can I do to avoid such issues?
Lazy RFD Answer- go to dentist.

Q- My door handle is broken. Can I fix it by myself ?
Lazy RFD Answer- goto a carpenter

Q - my bathroom tap is leaky. Is this common? What could be the cause? Should I Fix it?
Lazy RFD Answer- goto a plumber & good luck


@Tha_Doggg

Numbersman1941 wrote: ↑ Strongly disagree with this comment.

ninjasmilez11 wrote: ↑ I got a question. What if the wife never comes back to Canada and claims a divorce from there? Would I still be accountable for paying half? I definitely need to contact a lawyer but just wanted to get your opinions

You really should look to repair the marriage first IMO...it's too easy to just get out and you're going to be paying for a long long time in support.

Other questions you need to think about...

If wife never comes back, what is you intent re. the child? Will you seek custody? Are you and your parents ie the grandparents OK with hardly ever seeing the kid?
What was the intent [marital home? Rental?] with the preconstruction house? Did you put up monies or was your name on there for other reasons [maybe that's why you only have $10k in the bank]?
You don't state whether you are a good income earner...perhaps she just wants support more than cash up front?
What did you promise her when she came over...did you promise to bring over her family?
Is she in India because she wanted out or was it when she went back that she decided she wanted out? What precipitated the go to and stay there? When she went was there a return date set or was it open? Maybe she's just homesick and misses family? Do you know if the wife wants to stay here?

ninjasmilez11 wrote: ↑ Hi All. Unfortunately, me and my wife might be heading towards a divorce. I am a citizen whereas she is a PR. She has lived in Canada for 2.5 years. She has been in India for the last 4 months. All these 2.5 years, we lived in my parents’ house which is not on my name. I have around $10k in my bank account, a $10k vehicle, and I also booked a preconstruction house under my mom and my name which I will get the possession for in October. I do have a daughter who is 7 months old. Can you please advise the following:
1. What can my wife claim
2. Is the divorce going to be effective by itself if she doesnt come to Canada for a whole year and if we don’t talk
3. Would my preconstruction home have to be divided with my wife?
4. Any way I can even save $10k in my bank account by sending that money to my parents?

not legal advise
where did you get married? that will have a large bearing on what happens
you don't have to have lawyers but you will need to have a separation agreement between you and your wife to get divorced. look at https://www.legalaid.on.ca/2019/10/16/t ... ly-matters
there are basically two time periods that matter
date of marriage and date of separation
anything between those days is normally 50/50
as you have a child together it will make things more complicated as the child will need to be taken care of either here or back home.

you don't mention the reason but consider working things out if possible if that means you both gotta change some thats fine if it's too far gone sorry to hear