Is this a canadian website? don't know, ontario, i am in ontario canada

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Customer: hello
JA: Hi. How can I help?
Customer: is this a canadian website?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: don't know
JA: Family law varies by state. What state are you in?
Customer: ontario
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i am in ontario canada
Answered by JosephE322 in 1 hour 1 year ago
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JosephE322
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer.  My name is ***** ***** I will be assisting you with your question.

Just a general disclaimer that this conversation is for informational purposes only. I am licensed Canadian lawyer; however, you would need to retain a lawyer to take any legal action and/or preserve any of your legal rights. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible.

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JosephE322, Expert

Good morning  –  can you please tell me the brief facts of your issue and your legal question?

Customer
Hello
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JosephE322, Expert

Hi - can you please tell me the brief facts of your issue and your legal question?

Customer
I separated from my husband because of abuse
Customer
but I think he is trying to give me a restiction order, how would that affect me, (I am teh one abused not him)
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JosephE322, Expert

Sorry to hear if the situation. If he obtains a protection order, that means you cannot contact him for any reason unless the order provides some exceptions.

Customer
ok I do not need to talk to him ever again
Customer
but mmm, we have a joint account, so can he contact me
Customer
Hi
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JosephE322, Expert

Assuming that's the order he's seeking, yes no more further communication. The joint account should be closed as soon as possible.

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JosephE322, Expert

No need for you to have a joint account with an ex. Risk he could just one day empty the account and you'll have no recourse.

Customer
I depend on him
Customer
he signed a sponsorship for me
Customer
if he denies me money he will be in big trouble
Customer
more to add to the abuse file
Customer
thank you
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JosephE322, Expert

Sorry to hear. Did you have any further questions about this issue?

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JosephE322, Expert

Thank you for using JustAnswer. I wish you the best of luck. If you have any follow up questions about this matter, please do not hesitate to reach out to me.

Customer
Hello
Customer
I have another question, because I felt it was not safe to go back to the apartment we rent, I left on Thanksgiving day
Customer
I kept contact with him and let him know I was with a friend. he has very insitent that he wanted to talk to me on saturday for 20min, but very insisten to get in the apartment.
Customer
Can he have a legal action against me in such a short period
Customer
I didn't instead had videocall, and he told me he could sue me for abandoning the house.
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JosephE322, Expert

He can't sue you for anything as long as the rent is paid.

Customer
I have been living in ontario, and I just want to leave, do I have to divorce here if my marriage was from mexico?
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JosephE322, Expert

You can divorce in Ontario as long as you've lived there for the last year. You can retain a lawyer to do this for you and then move to anywhere else in the world.

Customer
what if I leave ontario and divorce in Mexico, can I use that divorce incanada?
Customer
my question would be Is it mandatory to divorce in ontario because I have lived here for a year?
Customer
i just want to leave and no divorce
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JosephE322, Expert

You need to be living in Ontario for at least 1 year before divorcing if you want to divorce in Ontario. You could divorce in Mexico using Mexican law but that would require you to retain a Mexican lawyer as I cannot comment on that.

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JosephE322, Expert

You can retain a lawyer now to file the papers to start the divorce in Ontario and then leave. No requirment for you to stay in Ontario while the divorce is processed.

Customer
we are 1 year marriage, no children, no assets. I haven't work in 2 years to be with him
Customer
how can complicated a divorce can get?
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JosephE322, Expert

Should be an easy divorce assuming you are not making a spousal support claim. If he agrees, you can file it on consent and it can be processed rather quickly.

Customer
If I do a support claim? how comlicated it can get?
Customer
If I do that do I need o be in Ontario?
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JosephE322, Expert

Depends if it's opposed or not. You can be outside of Ontario.

Customer
outside of canada?
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JosephE322, Expert

Yes, but you need to start the claim when in Ontario.

Customer
ok. How complicated can get if I do the claim?
Customer
meaning interms of him replyig back and asking for my parents assets in Mexico
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JosephE322, Expert

Depends if he opposes it or not. If not, then it's easy, if not, then you would need to go to court and have the judge decide.

Customer
he is treatening me so I want to know the law in canada,
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JosephE322, Expert

He cannot touch your parent's assets.

Customer
he will oppose
Customer
I have assets inmecixico, can he claim that?
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JosephE322, Expert

You can each claim the increase in value of your respective assets.

Customer
thank you that is super clear
Customer
the increas of value of one year vs him supporting me
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JosephE322, Expert

Two different issues.

Customer
I know it would be for me
Customer
if I claim suport how much can I receive?
Customer
I really like this service. Are ou in Ontario?
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JosephE322, Expert

I'm in Ontario. Spousal support is NOT automatic. The party seeking it would first need to establish need and/or economic hardship. In many situations, the mother typically would stay home with a child for a number of years which would stunt her career growth and earning potential. Spousal support would help compensate her for those lost career opportunities. Economic hardship can result after a separation and spousal support can help her (or him) get back on their financial feet again.

The general factors looked at are: 1. Length of relationship 2. Financial situation of both parties 3. Role each person played in the relationship and 4. Whether the person asking for spousal support needs it to become financial independent. This is a very fact specific exercise. There are some guidelines similar to the Table amount for child support, but they are just guidelines.

Here is a link to an online calculator using the guidelines. https://www.davidsonfraese.ca/spousal-support-calculator/

Customer
wow this is amaxing!!! thank you so much!!!
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JosephE322, Expert

You're welcome.

Customer
Hello, I hope you are fine, Can I file a separation at court by my self. I'm leaving the country would that be enough to file a separation?
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JosephE322, Expert

If it's not opposed, then you can file it. I would suggest retaining a lawyer to assist you given you're leaving the country. If a court appearance is needed for whatever reason, your lawyer can attend on your behalf.

Customer
I am leaving because I do not feel safe with my husband, I am scared of him, he has treaten me. For now I feel like my safety is first. About the lawyer, he left me with no money.
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JosephE322, Expert

Sorry to hear.  If you don’t make enough money, you could qualify for a legal aid lawyer. Here is the number for legal aid Ontario: 1-***-***-****

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