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Dual Citizens With Separation & Divorce Questions


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jonnyshonny

Hello All,

Me and wife are dual citizens from Canada and Pakistan. We married in Pakistan got everything attested and moved to Canada and got our citizenship living there together.

We then moved abroad and have been living outside (not in pk) for past 5 years. We have decided to separate amicably with joint custody of our daughter (8yrs) etc

She insist that we file for separation in Canada for a year and file for divorce. I insist we do in Pakistan since we got married there. We will file divorce or separation get everything attested and submit to Canada. Can this be done? Getting a divorce in Pak does not require a wait time for a year with separation so will this be accepted by Canada after proper attestations

What are the pros/cons of filing within Canada vs. Filing in Pakistan. We never married in Canada, we married in Pak.

Also we were not residents and living outside of Canada for the past 5 years

Can she force me to file in Canada even if I insist to file first in Pak

What are the other legal pit falls that may arise to filing within Canada vs. filing in Pk and sending docs to Canada.

I will support my child till 18 years of age without any issue.

Thank you

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GorillaTheater

With all respect I'm not sure that there is anyone on this forum who can help you with your questions. These questions need to be directed to an attorney with significant experience not only in family law, but one with international experience. Hell, I'm an attorney and couldn't begin to answer your questions.

Are you in Canada now, or still in the third country you mentioned?

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I think you normally must be a legal resident of the country (and almost always the state/province or county) where you file for divorce, so that may limit your options.  Some places are known for easy, quick divorces, like Nevada in the US (but one spouse must have resided there for at least 6 weeks), but I don't know if that is limited to US residents.

The advantage to your wife in divorcing in Canada may be more favorable financial terms and maybe custody decisions.  So, you'd have to research (and most such information is online) the laws and typical divorce outcomes in the country and locale you file.  Some locales have old-fashioned laws that greatly favor the woman, and some countries still greatly favor the man and do actual harm to women in divorce.  So choose carefully before deciding to gain residency to pursue this.

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