advice for my breakdown marriage

[bigorange123]

Hi,

I got my PR thrugh spouse sponsership in January, 2014. However, the marriage with my husband did not work out well. My husband was very controlling for everything while I was in Canada. I was not allowed to work and not allowed to social with others. I was living in an abusive relationship.He threated me that he will kill me if I leave him. I was so scared and I did not ask for any help at that time. In Novermber, 2014. One day I packed everything and left while he was working. Since then, I have moed back to my country for almost a year now. I didn't contact him and he has no way to contact me as well. My question is how to get divored in my situation? I have no intention to live in Canada, and I cannot get hold of my husband. How can I get divorced in Canada?

Any advice? Thank you!

 

[sashali78]

Hi,

I got my PR thrugh spouse sponsership in January, 2014. However, the marriage with my husband did not work out well. My husband was very controlling for everything while I was in Canada. I was not allowed to work and not allowed to social with others. I was living in an abusive relationship.He threated me that he will kill me if I leave him. I was so scared and I did not ask for any help at that time. In Novermber, 2014. One day I packed everything and left while he was working. Since then, I have moed back to my country for almost a year now. I didn't contact him and he has no way to contact me as well. My question is how to get divored in my situation? I have no intention to live in Canada, and I cannot get hold of my husband. How can I get divorced in Canada?

Any advice? Thank you!

Sorry to hear about your situation, however, if you have not been and are not living in Canada now you cannot file for a divorce IN Canada. You will have to file a divorce in the country of your residence, based on the local laws in that country. Alternatively, your husband , given that he lives in Canada, can file for a divorce in Canada if he wishes to do so.

 

[Jasse]

So sorry to hear about your situation. I've applied for a divorce in Canada and my ex was living in the UK. All I needed was the divorce certificate and I had to serve my ex in the UK. I hired someone in the UK and gave them his address. Just follow the divorce procedure for India. Good luck, if you want send me a message and I can try helping you out, my husband lives in Ludhiana i'm sure he can help find out what the procedure is in india.

 

[bigorange123]

So sorry to hear about your situation. I've applied for a divorce in Canada and my ex was living in the UK. All I needed was the divorce certificate and I had to serve my ex in the UK. I hired someone in the UK and gave them his address. Just follow the divorce procedure for India. Good luck, if you want send me a message and I can try helping you out, my husband lives in Ludhiana i'm sure he can help find out what the procedure is in india.

Hi, thanks for your reply. I was married in Canada, and we did not register in my home country. Should I fly to Canada to get divorced or I can have a lawer in Canada to help me? The problem is Can I still get divorced approved even my husband doesn't want to?

 

[canadianwoman]

I would get a lawyer. Usually you have to be living in Canada for the year before you apply for a divorce. So your husband could apply for a divorce in Canada, but you can't.
You could try contacting your husband and asking him to initiate divorce proceedings. I can see why you might not want to do that, so getting a lawyer in your own country to help you get a divorce there, or getting a lawyer in Canada to advise you about a divorce in Canada seems the best thing to do.
In Canada, one can get divorced even if the partner does not want to.

 

[Jasse]

Hi, thanks for your reply. I was married in Canada, and we did not register in my home country. Should I fly to Canada to get divorced or I can have a lawer in Canada to help me? The problem is Can I still get divorced approved even my husband doesn't want to?

I think you need to apply for a divorce in the country of your residence you just have to provide a divorce certificate. You might have to get a lawyer. I followed this guide and did my own divorce: http://www.familylaw.lss.bc.ca/guides/divorce/divSole_step1.php

Not sure how it would work in your case. I'll try asking around, good luck my dear, I feel your pain....it will be tough for a bit to get through all of this paper work but you did such a good thing by leaving, i'm so proud of you. Leaving is always the hardest part. You can definitely get divorced on your own but you will have to serve him with the court papers.