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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100993
Experience:  Lawyer
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Am Indian citizen and living in canada as prevent resident,

Customer Question

JA: Hi. What do you want help with?
Customer: Am Indian citizen and living in canada as prevent resident
JA: What state are you in? It matters because laws vary by location.
Customer: Edmonton alberta
JA: Has anything been filed or reported?
Customer: Situation is my husband left a note that he cannot live with me anymore and he left it is been 5 days no contact
JA: Anything else you want the lawyer to know before I connect you?
Customer: My only question is where he is I am not able to find even I have done the complaint also but police said that they cannot do anything because he is goon by himself
Submitted: 8 months ago.
Category: Canada Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
Am permanent resident
Expert:  Debra replied 8 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Customer: replied 8 months ago.
My only question can he take divorce in canada as we have married according to Indian Hindu act
Expert:  Debra replied 8 months ago.

I am sorry to hear this.

You get divorced based on residency. So if you have both been living in Alberta for the last year at least then you must get divorced in Alberta.

It does not matter where you got married.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 8 months ago.
Am not willing to give divorce
Expert:  Debra replied 8 months ago.

It is not up to you. Anyone can get divorced.

He can apply for the divorce after you have been separated for one year and you cannot contest that as that is all that is needed for a divorce.

Customer: replied 8 months ago.
If am not attending the court even he can get divorce
Customer: replied 8 months ago.
you mean to say that after separating for 1year then he can get divorce
Expert:  Debra replied 8 months ago.


After one year he could apply. If you contest you have to go to court but if ignore the documents he will get the divorce by default.

But if there are issues about support and property then they should not be left for the year so he will start an application for a division of assets soon most likely if there are any and for support if he wants you to provide spousal support. On the other hand if you need spousal support or if you want to claim an interest in assets in his name you need to get a lawyer now so you can make your claim.

Customer: replied 8 months ago.
If I ignore and live silent then also he should wait for 1 year or he can get divorce immediately
Customer: replied 8 months ago.
We don't have any assists in canada to claim
Customer: replied 8 months ago.
Sorry I mean to asset
Customer: replied 8 months ago.
Expert:  Debra replied 8 months ago.

The divorce cannot be granted for one year unless he says you committed adultery or cruelty and then you could contest that.

Then there would be a trial and it would be longer than one year.

If he goes by way of separation it is after the one year.

Customer: replied 8 months ago.
Ok thanks
Expert:  Debra replied 8 months ago.

You are very welcome.

Please be sure to rate me before you leave the site so that I can get paid.

But also, keep my name, and if you find you need some more help when you post again you can put my name into the question, it is Legal Ease, and I will be the one to answer.

Expert:  Debra replied 8 months ago.

Is there anything more I can help you with at this point in time?