I have question about filing divorce. 1 child Assets also involved. I live in New Brunswick. Am a Canadian Permanent

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Customer: I have question about filing divorce
JA: What are the assets involved here? Are there any minor children?
Customer: Yes 1 child Assets also involved
JA: Where are you located? Divorce laws vary by state.
Customer: I live in New Brunswick. Am a Canadian Permanent Resident
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My husband lives in BC
Answered by ulysses101 in 49 mins 1 year ago
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ulysses101, Expert

Hello, thank you for the question.

What would you like to discuss about this topic of a Divorce?

Customer
I would
Customer
I would like to file for divorce . This is my situation
- I live in New Brunswick and have been living here since March 2020. I am a Canadian Permanent Resident.
-Have been seperated since March 2013 but not divorced
- We have a child together who turns 13 this July and is currently living with his father since Nov 2017 . Visits me in vacation.
- From Mrach 2013 till Nov 2017 , child was living with me in India
- My husband now is a Canadian citizen
- We were not married in Canada
- What are my options
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ulysses101, Expert

I see, thanks for those details.

Is there a any kind of separation agreement, contract, or anything in writing about the child? Where the child resides, who is paying support, like that?

And where does your husband live, and for how long? In India?

Were you married in India?

Customer
There is no sepetaion agreement. Nothing in writing about the child except a letter that I gave in 2017 when I was sending my child to Canada. When my son was staying with me from March 2013 to Nov 2017 , I was the primary care giver and was providing for the child . He used to visit his Dad in vacation and at that time his Dad used to take care. As currently he is staying with his Dad, his dad is the primary care giver and when My son comes to me in vacation ,I take care of him
My husband lives in Vancouver since 2017 , was in Ottawa from 2015-2017 and before that in Vancouver from Nov 2013-2015. We were married in India in 2003
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ulysses101, Expert

OK, thank you.

So either of you can apply for a Divorce, in the province you're in, because each of you has lived in your own province for one full year or more.

The court isn't likely to grant a divorce until there's something in writing or a court order about the child; who has decision making authority, how the child's time is going to be split between you, and who is paying how much support and why that's an appropriate figure. This could be reduced to a one page contract, but you still need something in writing.

As well, the marriage license / certificate will need to be specifically translated into English by a certified translator. Contacting your nearest embassy or consulate for India is a place to start finding that service if you don't know of any.

You will also need an Opinion Letter re Validity of Foreign Marriage. India is a commonwealth country, so there should be no issue about Canada recognizing marriage in India, but you still need the letter. A family law lawyer, especially one with experience in such matters or ties to India, is the obvious choice to provide you with that.

Does that answer you? What else is there to discuss about this topic?

Customer
Our marriage certificate is in English . My husband already has another partner that he is living with since 2017 I think . My husband and I are not on talking terms at all and getting to an agreement between the two of us is not something that I can see happening. My ask is a couple of things
- Divorce
- equal division of house that we purchased before we got separated
- where ever my child stays , the other parent needs to kept completely informed about The child( health , school etc) and be a part of the decision .
Is that something that can be worked
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ulysses101, Expert

If you were my client, I'd say that there are issues of property division and child support. Thus, you need to open up discussions about a domestic contract, and let the divorce wait until the more important issues get resolved. If you can't solve those issues with negotiation and perhaps help from a lawyer, then it's time to take it to court and ask for a divorce as well.

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