Can I Divorce my husband who is in the Phils?
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loida86
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« on: April 21, 2009, 09:48:16 pm »

I am a live-in caregiver in Winnipeg, Canada. I have been living separately with my husband since 2003. I arrived here 2008. We don't have any legal separation papers that's why in the application papers i submitted to the canadian immigration, i am still married to him.  As early as now, i want to make everything prepared when i apply for my landed immigrant status.   That's why I want to file a divorce now. Is it possible to apply for a divorce here in Canada although my husband is in the Philippines?We dont have children. If ever, how much would it cost me to file for a divorce? And how long  will the process be?

Any help is greatly appreciated. Thanks in advance!

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raycrawford
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« Reply #1 on: April 23, 2009, 07:14:01 pm »

Yes you can divorce your husband in Canada.  It will not be recognized or legal in the Philippines but it will be in Canada and if you like you can then re marry.

The grounds for divorce in Canada are that you have lived separate and apart for one year.

I filed for my divorce just over a year ago after 8 years of separation.  I paid about $800.00 Cdn.

It took me 3 months to recieve the divorce certificate in the mail.

Its not too complicated.  Good Luck.

Regards,

Raymond





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loida86
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« Reply #2 on: April 25, 2009, 01:30:24 am »

Thanks for the reply Raymond.. But can i ask where in Canada are you?  If you had just been granted a divorce a year ago, maybe u can refer me the lawyer who took your case?  I am worried that my husband would not cooperate by not signing the divorce paper thats gonna be sent to him, will it cause problem?  I have tried a couple of times of  sending him a separation paper but he refused to sign them. 

A lot of people are telling me to just include him in my application for PR and just divorce him once he got here.. but i dont want to do it since i am worried too that there might be a problem on his medical  and it might affect my application.  Some even said that since I still carry my maiden name in my passport, i can just apply as single. But my school records and status that i submitted to the immigration showed that i am married.  I dont want to complicate things more thats why i really want to file a divorce to make all things legal.

Help please..  i need it so bad



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Start Processing - December 10, 2010

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raycrawford
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« Reply #3 on: April 26, 2009, 01:38:38 am »

Your husband does not have to agree if you have been separated for over a year.  When I sent the papers to my ex wife the lawyer told me that if she didnt sign them and return them then she would be served.

This means that you would send him the papers, say through Fed Ex.  He would sign for them. Now there is legal proof he received them.

My wife went to a lawyer and asked and was told the same thing so even though she didnt like it she just signed them and mailed them back.

He has 30 days to contest the divorce which would be very expensive and time consuming.  If he ignores it for 30 days your divorce is finalized.  You will receive a divorce certificate approximately 3 months later.


I am located in Toronto Ontario.   Here is the e mail address of the lawyer I used. Send him and e mail and explain your situation and see what happens.


 H. Jean-Pierre Ung <jpung @ rogers.com>

Good luck, let me know if I can help in any way.

Regards,


Raymond.
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JDinCA
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« Reply #4 on: October 04, 2012, 08:40:06 pm »

I am still here in the Philippines but i am already thinking of what would happen when i come to Canada and apply for my PR in the future.  This post really enlighten me much since i am planning to file for an annulment before going to Canada.  Now i know what to do and hopefully everything will work out fine. Thank you!
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nezya
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« Reply #5 on: October 04, 2012, 09:54:23 pm »

I am a live-in caregiver in Winnipeg, Canada. I have been living separately with my husband since 2003. I arrived here 2008. We don't have any legal separation papers that's why in the application papers i submitted to the canadian immigration, i am still married to him.  As early as now, i want to make everything prepared when i apply for my landed immigrant status.   That's why I want to file a divorce now. Is it possible to apply for a divorce here in Canada although my husband is in the Philippines?We dont have children. If ever, how much would it cost me to file for a divorce? And how long  will the process be?

Any help is greatly appreciated. Thanks in advance!

We are in the same situation.  I came here 2008 but have been sperated since 2004.  2009 I applied for divorce here in Canada and was granted 2010 it takes a while since the lawyer is not working hard on my papers. 

The lawyer told me that it is not necessary that my husband will sign on anything.  The importnat thing is that he recieved the letter that the lawyer was sent then after 45 days she sent the divorce papers to the Queens Bench Court in Edmonton.  Don't ever applied as single because when you entered Canada your status in your application is married.  If you change that to single, the Immigration maybe be charged you of misrepresentation and they will deny your PR.

If you want to apply for divorce you can do it on your own much cheaper.  You can buy a divorce kit from the bookstore/bookshop and do it on your own or search on line.  It will cost you only $ 600.


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Blue Lady
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« Reply #6 on: January 17, 2013, 02:04:52 am »

Hello guys! I have one question. I am a PR here in canada. i am married and with a kid. Its just that things between me and my husband are not working out well. I told him i want to live with my son separately from him. And he agreed to it. Though i havent filed a divorce yet, is it possible for me to live with other man (the one i love now)? Will i not be violating any law as i am not legally divorced yet? Also, will it not deport my new man as he just have a working visa (just in case my husband will change his mind as he have many relatives who doesnt mind their own business)?

I really need your advice. Thank you so much!
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lunas
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« Reply #7 on: January 17, 2013, 09:49:28 am »

Hello guys! I have one question. I am a PR here in canada. i am married and with a kid. Its just that things between me and my husband are not working out well. I told him i want to live with my son separately from him. And he agreed to it. Though i havent filed a divorce yet, is it possible for me to live with other man (the one i love now)? Will i not be violating any law as i am not legally divorced yet? Also, will it not deport my new man as he just have a working visa (just in case my husband will change his mind as he have many relatives who doesnt mind their own business)?

I really need your advice. Thank you so much!

Are you serious?
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amikety
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« Reply #8 on: January 17, 2013, 10:32:19 am »

Hello guys! I have one question. I am a PR here in canada. i am married and with a kid. Its just that things between me and my husband are not working out well. I told him i want to live with my son separately from him. And he agreed to it. Though i havent filed a divorce yet, is it possible for me to live with other man (the one i love now)? Will i not be violating any law as i am not legally divorced yet? Also, will it not deport my new man as he just have a working visa (just in case my husband will change his mind as he have many relatives who doesnt mind their own business)?

I really need your advice. Thank you so much!

You're allowed to live together. If you're separated from your married spouse and live with another man, then you would be in a common-law relationship. It's considered a legal relationship after a year - so after 1 year, you declare 'common-law' as your martial status, even if you're still legally married to another person. (The common-law would apply if you weren't married too.)

Since it's not a crime here, there's no worries. It won't get you or your honey in trouble. Can't really help you with the relatives, though, other than - tell them to mind their own business! Smiley
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gie2205
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« Reply #9 on: January 17, 2013, 02:33:59 pm »

Hi Blue lady,
    Are you by any chance from the Phils.?



Hello guys! I have one question. I am a PR here in canada. i am married and with a kid. Its just that things between me and my husband are not working out well. I told him i want to live with my son separately from him. And he agreed to it. Though i havent filed a divorce yet, is it possible for me to live with other man (the one i love now)? Will i not be violating any law as i am not legally divorced yet? Also, will it not deport my new man as he just have a working visa (just in case my husband will change his mind as he have many relatives who doesnt mind their own business)?

I really need your advice. Thank you so much!
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Blue Lady
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« Reply #10 on: January 18, 2013, 12:10:25 am »

Hi Blue lady,
    Are you by any chance from the Phils.?




Hi gie225!

Yes im from philippines. Are you from philippines too?
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Blue Lady
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« Reply #11 on: January 18, 2013, 12:13:37 am »

You're allowed to live together. If you're separated from your married spouse and live with another man, then you would be in a common-law relationship. It's considered a legal relationship after a year - so after 1 year, you declare 'common-law' as your martial status, even if you're still legally married to another person. (The common-law would apply if you weren't married too.)

Since it's not a crime here, there's no worries. It won't get you or your honey in trouble. Can't really help you with the relatives, though, other than - tell them to mind their own business! Smiley

Thank you so much amekity!
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gie2205
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Med's Done....: last week of November appeared on E-Cas in Dec.
Interview........: may not be required
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LANDED..........: soon

« Reply #12 on: January 18, 2013, 01:53:45 pm »

Hi gie225!

Yes im from philippines. Are you from philippines too?


Yes, I am. Just a friendly advise, if you're living with your current bf here in Canada it's fine as you're not violating any Canadian laws. I am a bit concerned with the nosy relatives of your husband. If you ever visit the Phils and it seems like you have vindictive in-laws, it may pose as a problem as you are committing the crime of bigamy as per Philippine laws. You know how a Filipino male ego is, he might do something cruel like filing charges against you. It happened to my cousin as she lived with a married man here in Canada. The wife filed charges against them as she was able to obtain evidences that my cousin and her husband were living together. When they went home for a vacation, they were served with the charge of concubinage against them. Hopefully, your husband will not do such a thing but just be on the safe side, try to divorce your husband first. Are your husband's relatives live in Canada? I guess you know how Filipino family mentality works.
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Blue Lady
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« Reply #13 on: January 19, 2013, 11:30:35 am »


Yes, I am. Just a friendly advise, if you're living with your current bf here in Canada it's fine as you're not violating any Canadian laws. I am a bit concerned with the nosy relatives of your husband. If you ever visit the Phils and it seems like you have vindictive in-laws, it may pose as a problem as you are committing the crime of bigamy as per Philippine laws. You know how a Filipino male ego is, he might do something cruel like filing charges against you. It happened to my cousin as she lived with a married man here in Canada. The wife filed charges against them as she was able to obtain evidences that my cousin and her husband were living together. When they went home for a vacation, they were served with the charge of concubinage against them. Hopefully, your husband will not do such a thing but just be on the safe side, try to divorce your husband first. Are your husband's relatives live in Canada? I guess you know how Filipino family mentality works.

Thank you so very much gie225 for telling me this. I am not living together with my bf yet as i was thinking of divorcing my husband first so the nosy relatives will not have so much to say but i will keep in my mind what u said and will be cautious as well as i will never know what will come to my husbands mind. Thank you so much Smiley
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