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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 101402
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... My wife and I filed in Canada 2

Customer Question

My wife and I filed for separation in...
My wife and I filed for separation in Canada 2 years ago and the process has not moved forward but is still open. I want to get the divorce settled ASAP but have come across many obstacles. I am currently in the US on a TN Visa (work visa) and have been residing here for over a year. My wife is in Turks and Caicos and has been residing there for over 3 years. Each of us have a child with us. We are both desiring a divorce and AGREE on child custody. When speaking to other lawyers, the issue with getting a divorce in Canada is that neither of us have resided in CA for the past year but we have a cottage that we could possibly claim as residence? I have gone back ion Canada a few times in the past year, staying a maximum of 2 weeks. Could we use the cottage as a residence? I still also have a valid Canadian drivers license as well. Our taxes are not in order as we had an accountant who picked up and ran after incorrectly filing for us as well as many of our doctor friends. It is in a litigation process. In addition, we were not married in Canada, we were married in Antigua. Question: Is it possible to get a divorce in Canada with these issues? Question: If we filed taxes separately and she owes more taxes than I do, am I responsible for paying some of hers? Although my wife and I have the same degrees, Doctor of Chiropractic, she is under the assumption that I should give her child support and alimony. She has her own clinic in Turks and Caicos, I have retired from chiropractic and am now a consultant for doctors. Each of us have a child that resides with us. When we initially separated, our in income difference was around $80,000 difference gross income before taxes (mine being higher). Since I moved to the States, my business has slowed greatly and our income is equivalent to hers. Question: Will I need to pay her alimony and child support? Question: Can we get a divorce without the child support and alimony figured out since child custody is not an issue? When we have tried to file in the US where I have live for over a year isn’t allowed because I do not have a tax ID here or SSN supposedly. Question: Can I file for a divorce in the US without these since I have resided here and have a valid Virginia Drivers License? My TN Visa ends in June of 2016. I would like to be able to marry my girlfriend before then. What steps do I need to take to make this happen? Is it possible in either Canada? Turks? My wife is EXTREMELY difficult so would like to keep this concise and not create drama. I have a hard deadline that I need to meet and am willing to give up assets such as land and the cottage if needed. Please help.
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.

Thanks for requesting me.

It is not where you own property but where you actually reside.

You are simply not able to get a divorce in Canada.

It has nothing to do with your driver's licence or ties to Canada. It is about actual physical residence.

You can get divorced in Turks and Caicos and Canada will recognize that divorce because your wife has lived there for over one year.

If you have lived in the US for over a year Canada will recognize that divorce as well.