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How can I get a Divorce?
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nadiadani Posts: 1
Posted On: 6/9/2014
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Hello
I got married several years ago in Morocco, by the Adouls. My husband went to study in Canada.
I then applied for immigration. My husband told me that the Moroccan wedding was a religious marriage and religious marriage is not accepted in Canada, and that we have to do a civil marriage.
So I made an immigration application as a single and as soon as I arrived in canada we got married in canada and I sponsored my husband.
After living in Canada, I realized that my husband was wrong, that the marriage of Morocco is accepted in Canada, and many people immigrated to Canada with their marriage in Morocco.
I have many problems with my husband and I want a divorce.
How do I get a divorce if I got married in Morocco and Canada.
I want to do all the steps in Canada and tell the whole story without hiding nothing, but my husband says we will have plenty of bureaucratic problems and it is better to divorce in Morocco and then divorce in Canada.
But if I do that, as I live in Canada, the Moroccan divorce will not be recognized in Canada.
And if I divorce in Canada, I saw a question in the divorce papers asking if we were single at the time of marriage. If I answer yes we were single, that means that I will not speak of marriage in Morocco and I do not want to lie, if I say no, and I explain that we were not single, but we married in Morroco first, I will tehn have to file for the two divorces here in Canada.
Do I have to divorce in Morocco and do another divorce in Canada, or divorce in Morocco and annul the marriage of Canada, or do both divorces in Canada at the same time.
What is the best way to do the two divorces and what are the consequences of each way?
Do we risk to lose our citizenship?
Thanks a lot for your help.
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Moderator Moderator Posts: 4075
Posted On: 6/16/2014
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Hello,
Thank you for sharing your situation and question with us.
Regarding getting divorced in Canada, you can find some information in the Marriage and Divorce publication from the Family Law Education for Women website.
Here is an excerpt,
"Getting a divorce in Canada
There is one law about divorce for everyone in Canada. It is called the Divorce Act. No matter where you live in Canada, the law and the process of getting a divorce are the same.
You must apply for a divorce in family court. Either you or your spouse can file the application or both of you can file a joint application. Your application can ask for just a divorce, or it can ask the court to decide about custody, support and how to divide property. These are called claims for corollary relief.
When you apply for a divorce, you must show that your marriage has broken down. There are three ways to do this. The most common way is when you and your spouse have been living separate and apart for at least one year before you applied for a divorce. You can live “separate and apart” in the same house if you no longer behave as though you are married.
It is also possible to get a divorce if one of you has committed adultery or your spouse has been so physically or mentally cruel that you can no longer live together."
In terms of filing in Ontario, it does not matter if you were married in another province or country. You can apply for divorce if you have been living in Ontario for at least one year.
Only one spouse must reside in the Province of Ontario for at least a year before the divorce is granted.
In your situation, we suggest that you speak to a lawyer regarding your situation if necessary. You can contact an Information and Referral Coordinator through the nearest Family Law Information Centre (FLIC). Information and Referral Coordinators are available at certain locations.
Regarding your issues related to your status in Canada, it is important that you speak to a lawyer who is familiar with immigration related issues.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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