Divorce in India or Toronto?

[amit_saha1986]

Hi All

We landed together in Toronto on Nov 2018. My wife was the primary applicant in the application.

We were married for more than 2 years in India before filling the PR.

After 2 months in Toronto, we understood that the relationship is not working out and we started staying separately in Toronto to avoid further any conflict.

Now the question in my mind is.

1. Do I need to file a divorce in India or in Ontario?
2. Will Toronto’s divorce be valid in India? Will India divorce be valid in Toronto?
3. As we are not even a year in Canada, will this decision impact our PR status in Canada?

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

You can find some detailed information regarding getting a divorce in our Settlement.Org How can I get a divorce in Ontario? article.

Here is an excerpt,

How do I begin a divorce process?

Before starting a divorce, it is recommended that you seek legal advice from an expert in family law. An expert such as a lawyer can tell you how the law applies to your case and how you can protect your rights. You can find a lawyer or ask for some information and referrals at a Family Law Information Centre in an Ontario family court.

To start the divorce process, you must:

• Fill out a divorce application.- Submit the application at an Ontario courthouse.- Pay the required court fees.- Follow any court rules and procedures given.
  There are several costs to getting a divorce in Ontario. For that information, read the answer to How much does a divorce cost? on the website of the Ministry of the Attorney General.

You may want to contact the nearest Family Law Information Centre to speak to an Information and Referral Coordinators (IRCs) to see if they can provide you some details specific to your situation.

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.

=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS,CRS
Settlement.Org

[AdrianG001]

@amit_saha1986

Hi All

We landed together in Toronto on Nov 2018. My wife was the primary applicant in the application.

We were married for more than 2 years in India before filling the PR.

After 2 months in Toronto, we understood that the relationship is not working out and we started staying separately in Toronto to avoid further any conflict.

Now the question in my mind is.

1. Do I need to file a divorce in India or in Ontario?
2. Will Toronto’s divorce be valid in India? Will India divorce be valid in Toronto?
3. As we are not even a year in Canada, will this decision impact our PR status in Canada?

Hello Amit,

As per the indian law of divorce you have to apply for the first instance of divorce in the home court of your marriage.

Regards,
Adrian

[victoria]

Hi all
we have been married in India under Hindu Marriage Act for 4.5 years and moved to Canada as PR .
Living together for three years in Ontario but its not working out
Can i file my divorce in India and will the divorce certificate be recognized in Canada as well or after filing in India I will have to apply for divorce in Canada as well.

We have no home or children in Canada so far.
Please advise