simple divorce in canada

[samm2]

We came to Canada together as PR. Due to some issue in our relationships, i have filed for simple divorce in Canada. We are separated for more then 1 year. She went to India because she knows that 1 year of separation is completed. I m working full time.

I don't have any kids or property on my name in Canada or India.

Now, she changed her mind and wants to live with me in Canada or India whichever possible.

She is forcing me to live with her. Also she is trying her best to live in my house in India which is on my dads name. My dad s senior citizen and living with my brother only. She is harassing my family and me from India.

Bcoz of simple single applicant divorce process, i have to serve her divorce papers. if i serve her in India den she can do something wrong to my family like false complaint against my family or she can forcefully enter into my house in India and stay there.

I want a divorce and do not want any troubles.

plz guide me.

 

[sashali78]

We came to Canada together as PR. Due to some issue in our relationships, i have filed for simple divorce in Canada. We are separated for more then 1 year. She went to India because she knows that 1 year of separation is completed. I m working full time.

I don't have any kids or property on my name in Canada or India.

Now, she changed her mind and wants to live with me in Canada or India whichever possible.

She is forcing me to live with her. Also she is trying her best to live in my house in India which is on my dads name. My dad s senior citizen and living with my brother only. She is harassing my family and me from India.

Bcoz of simple single applicant divorce process, i have to serve her divorce papers. if i serve her in India den she can do something wrong to my family like false complaint against my family or she can forcefully enter into my house in India and stay there.

I want a divorce and do not want any troubles.

plz guide me.

If you are in Ontario there is a helpful guide on Ontario lawyer association that you can consult here: http://www.lsuc.on.ca/For-Lawyers/Manage-Your-Practice/Practice-Area/Family-Law/How-to-Prepare-an-Uncontested-Divorce-by-Simple-Application/
Anyhow, the simple divorce application assumes that your spouse does not contest the divorce, as it sounds to be not the case in your situation you would probably best to hire a lawyer. If you still choose to serve her with the simple divorce application in India, she will have to file her answer within 60 days, if she haven't done so then case can proceed to the judge without her further involvement. So, you can try to do that and then, based on further development decide if you need to hire a lawyer.

 

[wowsers]

You appear to know very little about matrimonial law and realistically your only option is to consult a lawyer to act for you. I am not a Canadian lawyer and so this short post is simply to provide some minimal guidance. Point 1 is that no one can force you to live with your wife. The second point is that if as your post suggests she is a PR of Canada (and query not a conditional PR) you cannot prevent her from returning to Canada to live. Third point, if you commence divorce proceedings in Canada and she is in India the proceedings have to be served on her in India, but the proceedings remain Canadian proceedings. So any issues of divorce including property division will be sorted out according to Canadian principles. Last but not least you have posted your request for guidance on an immigration website and also on a part of it concerned with family sponsorship. Your request is not relevant to the forum, which is yet another reason why you should get some proper advice from a Canadian lawyer.