Wednesday, February 27, 2008

Do I need to hire a lawyer from the US or from Canada? -

I am originally from the US and my husband is originally from Canada. We married in 2003 and both reside in Canada. I am a permanent resident in Canada but not a citizen. The split is going very amicably (sp?) so we only really need a lawyer to do all the paperwork but I wasn t sure whether it made a difference whether the lawyer was from. Also I don t know that it really makes a difference but we were married in the states not in Canada.

You need a Canadian lawyer.

divorces are filed where you are a RESIDENT. Different states have their own specification as to how long a person must be somewhere, to be classified as a resident.. I suspect Canada does, as well. No one has to go back to where they were married, in order to get a divorce.

Assuming it is amicable, the easiest thing to do is file it in Canada. That being said, in order to best protect your rights, you should contact an attorney who is experienced in both Canadian and U.S. family law, and have them help you decide where to file. Particularly if children are involved, your rights may be significantly affected by where the divorce is filed...

It doesn t matter where you were married. However, you can t obtain a divorce in a state neither of you reside in. If you are living in Canada, you need to get a lawyer in Canada.

i think u can do either.if u live in canda and get divorce there ,all u have to do is submit a copy of the divorce papers to us government when u come back.they will be accepted.its a matter of convenience for u whichever is easier for u.then it depends if ur dividing any asset.good luck

I almost attempted to give an answer to this, but it s too serious to fool with unless one is sure. So, I am going to suggest that you call legal aid in your Provence, it s free, they ll dial you right in on what to do. Hope all works out fairly. Good luck.

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