Filing for divorce - questions

[JHWife2011]

I've decided to divorce my husband. He hasn't yet landed, his inland application is still in process. I will withdraw my bid to sponsor him, however I'm very unsure of the steps I should take.

Should I:

A) inform CIC first that I will be divorcing my husband, then submit the application for divorce with the court of justice

B) submit the application for divorce first, then inform CIC

C) legally separate first, then inform CIC?

My concern is that if we legally separate and I inform CIC and pull out being his sponsor, what if he takes off, and is never seen from again, how will I ever get divorced? Or if I file an application for divorce and then CIC is informed, and he is removed from Canada what happens to the application for divorce how will it be granted?

Any advice would be greatly appreciated.

 

[canadianwoman]

To get a divorce, you have to serve him with the papers. That is, he has to have notice of the application. If he runs off, or leaves the country after this, and does not respond to the divorce application, then you can get a default judgment of divorce. If he does not respond, no further notice to him is required.

 

[Alurra71]

I would take the step to inform CIC ASAP that you want to withdraw your application to sponsor him. It would be awful to have that thing finalized while you wait on some paperwork to be served/not served.

As Canadianwoman stated, it won't make a difference if he runs of or not. If he doesn't answer the petition you will get your divorce on default.

 

[zardoz]

Completely agree. (A) is the most important. Do that yesterday....

 

[taffy7]

You don't need to be divorced to pull his application. The marriage has broken down. As others have said if he runs he runs. You can still divorce him. Pull the application asap if you are sure this is what you want.