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What do I do after divorce? 

ForumUser
ForumUser
Posts: 519


Posted On: 20 days ago
ForumUser
ForumUser
Posts: 519
Hi, I sponsored my husband to get his PR and after he got it I realized he married me for status. We are on the verge of divorce and I feel used, what should I do?
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Moderator
Moderator
Moderator
Posts: 3479


Posted On: 11 days ago
Moderator
Moderator
Moderator
Posts: 3479
Hello,

Thank you for sharing your situation and question with us. We can appreciate that you would be interested in this type of information.

1. Marriage Fraud

It is a crime for a foreign national to marry a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada. You can call the Canada Border Services Agency or the IRCC Support Centre to report the immigration fraud. You also have the option to email the IRCC. Follow the link here to get the telephone and email contact information.

The IRCC website indicates that if you sponsor your spouse, you must financially support them for three years even if the marriage fails. However, if you are not making financial payments and your spouse receives social assistance, you will be required to repay the money. Since sponsorship is a legal contract with the Government of Canada, you will be required to meet your sponsorship terms.

2. Family Law Information Centre

Before you begin any application processes, you may want to contact the nearest Family Law Information Centre (FLIC) to see if they can provide specific information regarding your situation and how to proceed. FLICs are located in family courts across Ontario and provide free information. Some of the resources available include Information and Referral Coordinators that can refer you to the appropriate services and an Advice Lawyer from Legal Aid Ontario who can provide you with summary legal advice. Summary legal advice is when a lawyer can hear your problem and review forms for you and tell you what to do, they cannot go to court for you. Due to Covid-19, in-person services at court locations are currently unavailable and are now offered online. You can follow this link here to find the listing of FLIC offices in Ontario to contact the nearest location to you for online services.

3. Mental Health

It is important to take care of your mental health. Speaking to a mental health professional can aid in maintaining your mental health in this difficult situation. A mental health professional such as a counsellor will provide a safe and confidential environment to examine issues such as relationships in your case. A counsellor can help you overcome your problems by helping you make appropriate changes to your life, encouraging you to empower yourself, and developing strategies to improve your mental health on a day-to-day basis. Follow this link here to find a mental health professional that can aid you in this process.

4. Divorce

A divorce is when a court officially ends your marriage. According to the Settlement.Org website, if you would like to proceed with a divorce in Canada, there are three eligibility criterion that need to be met:
I. You were legally married in Canada or any other country
II. You intend to separate permanently from your spouse or have left your spouse already, and you do not believe that there is a possibility you will get back together
III. You and/or your spouse have lived in Ontario for the past 12 months preceding your application

The Settlement.Org has a helpful article that discusses the Divorce process. It indicates that to start the divorce process, you must:
I. Fill out a Divorce Application
II. Submit the application at an Ontario courthouse (which is now operating as an online filing system)
III. Pay the required court fees
IV. Follow any court rules and procedures given

When married couples divorce, “the general rule is that spouses must equally share the value of any property that was gained during the marriage.” This means that any cars, bank accounts, home and other personal items you have must be divided, and you are legally entitled to have your share.

Further, if you have any children, a divorce will affect any child support and living arrangements for the child. To learn the specifics about how child support is enforced, who pays the child support, and more- you can follow the link here to find a fact sheet from the Settlement.Org website answering these questions.

Sincerely,


Your Settlement.Org team

This document does not contain legal advice.

This document was prepared with the assistance of PBSC Western University law student volunteers. PBSC volunteers are not lawyers and they are not authorized to provide legal advice.
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