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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101020
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My wife and I filed in Canada 2 years ago. We have a cottage

Customer Question

my wife and I filed for separation in Canada 2 years ago. We have a cottage in Canada but both live outside of Canada in two different countries. We both have the same doctorate degrees and owned a practice together that was sold prior to separation. We
both have separate businesses. She is demanding more money from me for alimony and child support even though we each have one child from the marriage and make roughly the same income. Our taxes are not complete for the past few years due to an accountant that
fled country. I need to get divorced so that I can move forward with me life. Everywhere I have turned has come up with problems. Trying to file in the US where I have live for over a year isnt allowed because I do not have a tax ID here or SSN supposedly.
In Canada it is an issue because neither of us have lived there for over a year as well as our taxes not being up to date. I am running out of options or ideas of what to do. My TN Visa ends in the state next June and I would really like the ability to marry
my girlfriend in the States. Please help.
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

I can only provide an answer from the Canadian law point of view. Should I go ahead?

Customer: replied 2 years ago.
Expert:  Legal Ease replied 2 years ago.

As far as Canada is concerned your only tie to Canada at this point is your cottage.

So court in the province where the cottage is located can make an order about that property.

The courts in Canada cannot grant you a divorce as you know. They also cannot make any order about the children as only the court where the child habitually resides can do that.

At this point the court cannot make an order about spousal support either.

So aside from the cottage there is nothing that a Court in Canada can deal with unfortunately.

One of you would have to move back to Canada and live in one province for a year before applying for the divorce.

Customer: replied 2 years ago.
I also still have a valid Canadian drivers license, boat license, and business. Would that help?
Expert:  Legal Ease replied 2 years ago.

No it wouldn't unfortunately. You need to be resident in the province.