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Non PR spouse and divorce court

Sep 19, 2020
1
0
My ex and I are presently separated and scheduled for a 3 day divorce trial in 2021. We were only married for 1.5 years and known each other for two years in total, until I decided that I needed to end the toxic relationship.
We live in BC, I am Canadian and she is a US citizen.
Her permanent residency application was denied by immigration.
It is my understanding that her work permit has expired and I'm not yet certain if she actually has applied for a new one.
My questions are...
Can she possibly be deported prior to appearing in court?
Does she actually have a say in court demanding spousal support and a rediculous amount for division of family assets if she is actually here illegally?

P. S. Several reasonable offers of settlements were made... But she is feeling entitled and going for the gusto of everything that I've worked most of my life to own.
Thank you for your help!
 

PMM

VIP Member
Jun 30, 2005
25,494
1,947
Hi

My ex and I are presently separated and scheduled for a 3 day divorce trial in 2021. We were only married for 1.5 years and known each other for two years in total, until I decided that I needed to end the toxic relationship.
We live in BC, I am Canadian and she is a US citizen.
Her permanent residency application was denied by immigration.
It is my understanding that her work permit has expired and I'm not yet certain if she actually has applied for a new one.
My questions are...
Can she possibly be deported prior to appearing in court?
Does she actually have a say in court demanding spousal support and a rediculous amount for division of family assets if she is actually here illegally?

P. S. Several reasonable offers of settlements were made... But she is feeling entitled and going for the gusto of everything that I've worked most of my life to own.
Thank you for your help!
1. It is possible, but if she was reported, it is quite likely she would be allowed to stay until her "day" in court.
2. Yes, she can claim whatever she wants, whether she gets it, is another matter. It is up to the judge.