can a canadian married in canada who spouse is in canada now have a divorced in texas because she came to US, TEXAS LAST APRIL ON A PASSPORT
State/Country relating to question: Texas
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.Texas law requires that a person establish residency for six months prior to filing for divorce. Once the divorce is filed, there is a waiting period 60 days. As long as the person filing lives in Texas and has agreed to allow the Texas courts to handle the matter, yes, a divorce may be granted. The Texas judge would not have jurisdiction to divide any property located in Canada or to order the Canadian spouse to pay child or spousal support. But, the marriage can be severed in the U.S., yes. A Canadian lawyer can then ask to have the divorce recognized in Canada.
sorry one spouse has dual citizenship (cananda and us citizen now lives in texas). the other one has canadian citizenship and also in texas. the canadian cheats with another person. can the fist spouse, the dual filed a divorce here.
out of curiousity, canada recoginize same sex marriage and so is california
the second one met another lesbian, if they move to california to get marry, can her us new girlfriend file immigration for her under 130
Well, now, that complicates things. A same-sex couple married in Canada cannot divorce in Texas, because Texas law will not recognize the marriage - not even to dissolve it (Stop and marvel at the irony there.) The means that the spouse with dual citizenship would have to go to one of the states that recognizes marriage between same-sex couples, establish residency, and get divorced there, unless the spouse still in Canada will file for divorce there.California passed a law a few years back to prohibit same-sex couples from marrying. Unfortunately, that means that the only states where same sex couples can currently marry are Iowa, New York, Massachusetts, New Hampshire, Maryland, Connecticut, and Vermont. Federal law does not allow a person to sponsor someone of the same sex for citizenship under a fiance visa because federal law also won't recognize the relationship. Unfortunately, the US is trailing behind Canada on several issues. So, what should be a really quick and simple question of residency and jurisdiction becomes much, much more complicated.
Attorney with experience in family law.
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