I am looking for a divorce lawyer for a consultation in Ontario, no, no, what exactly you wish to know

Hello, thank you for choosing Just Answer.  My name is ***** ***** I am happy to be assiting you with your question today.

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Can you please tell me what legal information you wish to find out?

How long ago did you sponsor your wife? When was she issued her PR status?

Okay, I think I missed something in between, what happened in 10 months?

Oh Okay, understood.

So you have been separated for approximately 7 months now, correct?

Is your spouse seeking spousal support ?

Firstly - a Judge will not issue a Divorce Order until the parties have been separated for 12 months. If there are no other claims ( property/Support etc.) then you are most likely filing a Simple Divorce Application.

If this is going to be a Divorce on Consent, then you can file what is called a Joint Simple Divorce.  Both parties will sign the required forms which can be filed online and the fees paid online as well.

OR

You can file the Simple Divorce Application and have her personally served at her Parents' home in Dubai.  She will have 60 days to respond.  If no response from her in the 60 days, you can then proceed to file your Affidavit for a Divorce  with your draft Divorce Orders .

Does that help as a starting point?

Spousal Support is based on several factors: length of marriage, dependency, lifestyle, income of both parties.

https://stepstojustice.ca/steps/income-assistance/1-learn-about-family-law-and-spousal-support-0/

The above website gives more information on Spousal Support.

I can provide you a link to a Spousal Support calculator, would that be helful to you?

Support Calculator. Make sure you select spousal Support only okay.

The separation date only changes IF you reconcile for more than 90 days.  So if she retirns and you get back togehter for more than 3 months, then the date will reset.

Date of Separation means the date you BOTH realize that your marriage is not working and you want to live separate lives.  You can be separated but still living in the same property, just not sharing a bed etc.

Yes, It is always 12 months of separation before a Divorce Order can be granted.

Yes, as I mentioned above, you can live in the same property, but not be sharing a bed or have any sort of realtionship with each other.

It will not be an issue unless your spouse contests.  For a simple Divorce it is very rare that the Parties will appear before a Judge. The application is reviewed by a Judge in Chambers and Orders mailed out the the parites/their lawyers.

Date of Marriage. Cohabitation will be if you were living together prior to marriage OR if you were in a common law relationship.

Spousal support is usually a range provided, for shorter marraiges, it's usually on the lower end of the range.

Yes, use the 2016 date.

Yes, those are used as discussion points for Spousal Support negotiations.

Once you retain a lawyer, they will be able to review your financials and your spouse's credentials and assist you with making a better determination on Spousal Support.

Yes, if she remarries, the general rule of thumb is that she will no longer qualify for Spousal support unless there are exceptional circumstances.

The 3 months/90 days is if you both reconcile.  That is, you resume your marriage . Only then there will be a reset.

Your marriage was not long, so Spousal Support will not be indefinitely. IF  there is a claim for Spousal Support, there is also the option to pay a 1 off lumpsum payment - so you do not have to pay monthly .

Are you sure she will make a claim for spousal support?

Okay, so then discuss the Joint Divorce Application with her and see how that goes .

No no. lumpsum means, based on the calculations, you can agree to a figure to pay on a 1 off basis, instead of monthly.  It is an option - not mandatory..

Will it be easier for you to discuss this on the phone?  Or are you comforatble with chatting here?  The phone call is an additonal cost though.

You can get all your documents together now and file it.  It is just that the Judge will not issue an Order until the 12 months has passed.  Or you can wait the 12 months and then file, just incase you reconcile.

You need to choose the option of Premium Service, telephone call.

Hi, I am here.

Yes, you can.

Oh, so sorry to hear that.

Have I answered all of your questions today?

Since you are in Ontario, please contact the Law Society of Ontario and use their Lawyer Referral Service. You will be given a lawyer to contact and arrange a free 30 minute consultation. The website for the LSO Referral is : https://lsrs.lso.ca/lsrs/redefineLocale.action?currentLang=en

Another option available to you is the use of the website: lexpert. It is a directory of expert lawyers throughout Canada . Here's the link to their website: http://www.lexpert.ca/directory/find-lawyers-or-law-firms/

Prices vary from Lawyer to Lawyer, some offer block fees for Simple Divorce Applications instread of a hourly fee.

Sure, ask and I will my best to answer for you.

Once you have your Divorce Certificate ( issued 30 days after the date of your Divorce Order), you can then remarry.

As for Spousal Sponsorship, that will be dependant on the terms/conditions attached to your current sponsorship.. Remember, Divorce does not stop your obligation to be finacncially responsible for your current spouse.

You will need to discuss the Spousal Sponsorship gap with an Immgiration lawyer as they will need to review the terms i noted above reagarding your current spouse.

Exactly.

Varies on the Court.  Sometimes it can take 3 months, sometimes more or less.  It's all dependent on how busy that particualr Court is.  I have never had an application take over 1 year though.

Sure.

If you are still separated and not resuming your marriage, then there should be no issue.

Separated in mind and body . You both have to be on the same page that your marriage has ended.

I'm happy to have assisted you today by answering your questions regarding your divorce application. If you have any follow up questions please feel free ask. If you have a new question, please create a new chat  and start with " this is only forCustomerquot; and I will respond as soon as possible.

No Problem!  Happy to help!

You are very welcome