divorce before submission of PR application

[singlemom]

Hello to all,

Is there anyone here can help me about my situation..... by November 2011 i will submit my Open work permit and PR application, the problem is my husband and I was not in good anymore. Do i need to file a divorce? and how long will it takes? I filed my income tax return for 2010 and declared as separated, and one more thing I've noticed that he was already married with someone else 10 years before our marriage and his wife was still alive until now. and I got a CENOMAR and found out that he has two marriage record. Can i use it to make my divorce processing past? any help will be appreciated.....

 

[bakerfrench]

you can ask for a lawyer to deal with this issue. I think it will be the quickest way.

 

[singlemom]

thank you bakefrench....but im worried about asking a lawyer, what if it will cost much....?

Is there anyone here that can refer a lawyer in edmonton? thanks in advance

 

[HONEYGIRL]

u can submit ur OWP and PR even u dont have devorce just make a letter of explanation regarding ur status now and dont put ur husband name on ur application... u can also file a devorce here in canada go to city hall and get a application for devorce u can use only that form for uncontested devorce u can do it by ur self there is step by step procedure in that kit... but if am to u just submit ur application for PR after u got ur PR then u can file a divorce very stressfull if u will file now and then later on u will submit ur PR application... the cost is around 400$ something

 

[singlemom]

thank you so much honeygirl, i was just worried cos i thought my situation with my husband will cause a big effect or will make my application for OWP and PR longer. thank you........

 

[sweetchad]

Hello to all,

Is there anyone here can help me about my situation..... by November 2011 i will submit my Open work permit and PR application, the problem is my husband and I was not in good anymore. Do i need to file a divorce? and how long will it takes? I filed my income tax return for 2010 and declared as separated, and one more thing I've noticed that he was already married with someone else 10 years before our marriage and his wife was still alive until now. and I got a CENOMAR and found out that he has two marriage record. Can i use it to make my divorce processing past? any help will be appreciated.....

in my case...i am married..we had been separated since 2006.then i put my husband in the application since we are still married.My husband has another family..i want my application to be smooth so i included him in the application but not paying his application.my husband is not cooperating with my PR application, instead hes refusing to do all the paperworks.i have no choice but to apply my divorce now instead after my PR application.

 

[laranel]

hi, we have the same situation... i am a single mom too.... separated from my husband since 2004...

i filed my divorce las March 2011 and it didn't cost me any.. i just went to court and talked to a family duty counsel and she helps me with everything.. those duty counsel in courts are free for those low income people..

divorce is faster if your husband will cooperate...

 

[laranel]

and another thing, i didn't pay for any filing fee for the divorce, because the lawyer helped me to apply for indigent status.... because i'm just a live-in caregiver and single mom and i didn't get any financial support from the father of the child since we separated...

better if you file your divorce now before submitting your OWP and PR application, in my case i filed my OWP and PR application before applying for divorce but i inserted a letter about my being a solo-parent and attached my I.D issued to me by DSWD in Philippines..

had i known about this free lawyer before i would have applied my divorce earlier...

hope this helps... good luck!!

 

[singlemom]

thank you so much for sharing your experience regarding this matter..... it gives me an idea.

to Laranel, how long will it takes to be done on divorce thing? do i really have to ask my husband's cooperation? what if he don't want to cooperate?

 

[singlemom]

Ms. laranel, where can i find the lawyer?

 

[laranel]

where is your location singlemom? if you're located in BC this is the site http://www.familylaw.lss.bc.ca/, find any family court in your area and ask for a pro bono lawyer or family duty counsel, in my case i live near New Westminster... so i went to New Westminster Court..

my husband also refuse to cooperate, because he wants to use me to get a status here in Canada... but i do not want to lie to the government because we really are separated 6 years now.. you don't need your husband to sign the divorce, if he doesn't want to cooperate its ok, it will just take longer.... in my case it will take 6 months or more, but it always depends on the situation...

 

[singlemom]

hi Ms. laranel, im here in edmonton, alberta. thank you so much

 

[HONEYGIRL]

u can phone also the salvation army ofis ask for free legal advice its free for 1hr but u need to wait for the sced..i had same situation with u i get the application kit devorce for 20$ in the court..every province is diff.so... i didnt submit my application yet coz my papers for PR still on process i just dont want another stress if my ex wont cooperate..its up to u if u want to do it now... 1st.step get the kit filup the form make 3 copy each then bring it back to the court pay 120$ then they will stump the application 1 copy for u 1 copy for ur ex and 1 copy for the court after that u will serve to ur ex in the philippines (rite?) then thier is served letter include in that kit need to notorize it. maybe one of ur family deliver that copy to ur ex then send it back the notorize copy for u.. then all the remaining papers in that kit and the nototize that they send here take it back to the court for the 3 step then the wait for the decision... take note,,,dont include your property and ur kids wen u file a divorce just make a note that u have a verbal agriment to ur ex regarding the kids and property ok if u had any question send me message on my inbox maybe i can help u to answer some question that i know gudluck

 

[chusana]

Very confusing, you said before you got married...your husband was already married. Did the local registry in your place have not noticed your husband's first marriage? Since based from what I know is that you go file for your application first after few days or weeks so that everything will be checked if you are both unmarried...anyway just sharing my thoughts!

 

[job_seeker]

In the Phils, sometimes the bigamist can get away with it by getting married in a province away from where the first marriage is solemnized or performed. And even if the marriage is null and void from the beginning, it still needs court proceedings, and a lot of money, to void the marriage.

Very confusing, you said before you got married...your husband was already married. Did the local registry in your place have not noticed your husband's first marriage? Since based from what I know is that you go file for your application first after few days or weeks so that everything will be checked if you are both unmarried...anyway just sharing my thoughts!