Married in other country and want apply K1,K3 or just get married...

[antoneya 9]

I goggled "divorce on grounds of abandonment+Canada" and this is what I found. Maybe this can help you but I'm not sure, I would go back and talk to your Lawyer in Canada, or find another, if the one you have now won't help you.

Cananda Law

DIVORCE

Divorce

8. (1) A court of competent jurisdiction may, on application by either or both spouses, grant a divorce to the spouse or spouses on the ground that there has been a breakdown of their marriage.

Breakdown of marriage

(2) Breakdown of a marriage is established only if

(a) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or

(b) the spouse against whom the divorce proceeding is brought has, since celebration of the marriage,

(i) committed adultery, or

(ii) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.

Calculation of period of separation

(3) For the purposes of paragraph (2)(a),

(a) spouses shall be deemed to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart from the other; and

(b) a period during which spouses have lived separate and apart shall not be considered to have been interrupted or terminated

(i) by reason only that either spouse has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the spouse’s own volition, if it appears to the court that the separation would probably have continued if the spouse had not become so incapable, or

(ii) by reason only that the spouses have resumed cohabitation during a period of, or periods totalling, not more than ninety days with reconciliation as its primary purpose.

[VanessaTony 3,567]

I goggled "divorce on grounds of abandonment+Canada" and this is what I found. Maybe this can help you but I'm not sure, I would go back and talk to your Lawyer in Canada, or find another, if the one you have now won't help you.....

She CANNOT divorce in Canada. If you continued reading from that which you posted (or prior to it. without the link I can't see where you got this from) you would have found that for ALL of Canada the stipulation is at least ONE party in the divorce must have lived in Canada for ONE CONSECUTIVE YEAR prior to the filing of divorce.

You will also notice that she posted her husband left Canada to avoid the divorce. As NEITHER PARTY live in Canada she CANNOT DIVORCE IN CANADA.

Edited April 16, 2010 by Vanessa&Tony