Marital problems. Don't know if I can divorce or not

[Brechin]

Hi. I recently got my PR and got my family to come to Canada. Problem is, husband and I dont get along anymore. I want to apply for divorce. Can I do so? Even if he probably won't agree with it because of his financial security issue. But other than that, we both can not stand each other and we really need to divorce. Or can I declare that we are separated even if we live in the same house but not as husband and wife.

 

[Buletruck]

You can be separated and remain in the same house. You can divorce and remain in the same house. After a year of separation, you can apply for a divorce, whether he agrees or not.

 

[Rob_TO]

Hi. I recently got my PR and got my family to come to Canada. Problem is, husband and I dont get along anymore. I want to apply for divorce. Can I do so? Even if he probably won't agree with it because of his financial security issue. But other than that, we both can not stand each other and we really need to divorce. Or can I declare that we are separated even if we live in the same house but not as husband and wife.

Declare to who??

You both have PR, so this is not an immigration issue and no need to contact IRCC about it.
You should contact a family lawyer for divorce related questions.

 

[canuck_in_uk]

Hi. I recently got my PR and got my family to come to Canada. Problem is, husband and I dont get along anymore. I want to apply for divorce. Can I do so? Even if he probably won't agree with it because of his financial security issue. But other than that, we both can not stand each other and we really need to divorce. Or can I declare that we are separated even if we live in the same house but not as husband and wife.

Note that there has been at least one case on this forum where the couple split up right after landing and the dependent spouse was investigated years later when applying for citizenship. It looks very much like a Marriage of Convenience, like you knew the relationship had broken down but you remained "together" long enough for both of you to immigrate. Something to be aware of, especially since it sounds like you did exactly this.

 

[Brechin]

Declare to who??

You both have PR, so this is not an immigration issue and no need to contact IRCC about it.
You should contact a family lawyer for divorce related questions.

Declare to CRA, school, work, etc. And live.

Note that there has been at least one case on this forum where the couple split up right after landing and the dependent spouse was investigated years later when applying for citizenship. It looks very much like a Marriage of Convenience, like you knew the relationship had broken down but you remained "together" long enough for both of you to immigrate. Something to be aware of, especially since it sounds like you did exactly this.

I was seeking advice. Not to be scorned. I found out from my kids that he had been cheating and had actually used my money to do so. Yes it was marriage of convinience. His.

 

[Rob_TO]

Declare to CRA, school, work, etc. And live.

CRA is the only main one, to change tax status from married to single or legally separated. Not sure about the others, as I said you need to be speaking with a family lawyer.

. Yes it was marriage of convinience. His.

If you were the primary applicant, or actually sponsored him for PR, and think that the marriage had already broken down before he landed as a PR but he was just using you to get PR status.... you can always report this to IRCC. They may investigate, or may not, and no guarantee of what will come of it if anything.

Odds are though if you have kids together and married a long time, they will see it as a breakdown of relationship after getting PR status. They would only make moves to revoke his PR if there was specific evidence he just used you to get his PR status.

 

[Brechin]

CRA is the only main one, to change tax status from married to single or legally separated. Not sure about the others, as I said you need to be speaking with a family lawyer.



If you were the primary applicant, or actually sponsored him for PR, and think that the marriage had already broken down before he landed as a PR but he was just using you to get PR status.... you can always report this to IRCC. They may investigate, or may not, and no guarantee of what will come of it if anything.

Odds are though if you have kids together and married a long time, they will see it as a breakdown of relationship after getting PR status. They would only make moves to revoke his PR if there was specific evidence he just used you to get his PR status.

Thank you very much