International Divorce Laws

[car0]

I have some rather specific questions, and I can't seem to be able to find alot on that topic, so I thought that maybe someone here could help.

My boyfriend lives in connecticut. He got married in Chicago 4 years ago to a montreal, Quebec (canada) citizen. She applied for citizenship, and got a permanant one. 2 kids were born. Now he wants to divorce, so she went back to montreal in april 2004 with the kids. To her wish, the divorce was to take place in montreal, quebec. So she brought the chicago marriage certificate to a lawyer in montreal, and asked him to convert it into a canadian marriage act.

According to my boyfriend, the lawyer was supposed to start the procedures in montreal, by filing the legal separation to the montreal court.

Now she asked for something and didnt get it, so she threatens him to file divorce in connecticut, because she is angry.

My question would be, her intentions being clearly to get divorced in montreal, and to have started the proceedures this way, would the connecticut court give jurisdiction to montreal or would it accept it? And would they accept it even tho some proceedures were already started in montreal?

If someone has some answers for that matter, I would be glad to hear them, or if you know who I could address myself to in connecticut, as I don't know any good laywers in international divorce in connecticut.

Thanks.

[MixedBag]

Hmmm, one of my divorces is from overseas (England).


although that was many years ago, I might be able to help, but I'm no attorney by any means.

You file for a divorce where you are a resident.  In England, we had to "convince" the court that we were residents and we did because our military assignments were gonna keep us there for 4 years (or more).

There is "no such thing" as an international divorce court in the United States, none of them.  Divorces in the US (any state) are recognized in other countries due to one of them "high and mighty treaties" forgot which one -- but that's what I remember when we were in England and I said "But will the US recognize a British divorce?"  And the answer was yes.

So if he's a resident of Conn,  and she's a resident of Canada, here's what I suggest.  First off, are you SURE she's eligible to file in Canada?  And he's eligible to file in Conn?  In most states, you have to live there a certain amount of TIME before you can file.  There's a difference between citizenship and residency.  His EX (or soon to be EX) can have dual citizenship (maybe) when she got one in the US and maybe Canada didn't make her give up her Canadian citizenship.  Their kids probably have dual citizenship too.  

Then, if she filed in Canada, and she threatens to come to Conn to file there, his defense becomes producing the Canadian procedures and says "Your honor, this is already being addressed in the court of blah blah blah, request her motion for a divorce here in Conn be dismissed."

It would be something similar if she filed in one state and then tried again in another state.  TWO jurisdictions can't decide the divorce at the same time.  

Now she might agree (and he might agree) to drop the proceedings in Canada and then file everything in Conn....

As for Canada vs. Conn, not sure which court would be more favorable to either side, let me ask some friends, and get back to you.

[MixedBag]

I saw that Soc answered you on his board...

I asked my friends this:

Canadian citizens, do you have "free" health care because you are a citizen?   That's usually a major money factor in an american divorce.

Canadians -- what kind of time does the NCP usually get? American's EOW and sharing holidays. (Now I know these are huge generalities)
....o.k.!?

Spousal support? American's I'd say nope, unless it's for a short period of time. Canadians?

Child support? 17-21% of the NCP's income for one child (even if the formula uses both parents that's what it basically turns out to be.) Canadians?

Transportation -- she moved, can she be ordered to provide for the airline tickets or to do half the transportation? Or do Canadian courts not address that stuff.

[MixedBag]

One person said:

Canadians only use the NCP's income for CS unless there are extra expenses like daycare than the CP parents income comes into account. DH's base CS is 9.5% of his "net income" and 15% of his "gross income". Plus we pay for half of all extra's (soccer, swimming, gymanstics).

We haven't ever been to court but we did see a lawyer and we were told the courts order the "maximum" amount of time possible to the NCP parent if that is what they want. The lawyer agreed with us asking for EOW/Wed o/n and alternating Spring Breaks. He said we should get half of summer but we have only got BM to agree to 3 weeks. It seems most people only have 2 weeks that I've spoken too.

Most companies here pay for the health care. My company pays for our provincal medical (doctor's appt/hospital stays, etc) we just pay the tax on what they pay. Plus they pay for the "extended" medical (dental/prescriptions). We are on the enhanced plan which is a higher % of costs covered, DH has to pay $20/pay cheque for the family plan. Most companies have extended medical but you can get your own plans.

I don't know anything about travel because BM is only 15 minutes away.

[MixedBag]

We are lucky because here basic medical is free..but it does not include prescriptions,glasses/optomistrists,ambulance services etc.
The standard visitation Is EOW and one night a week as week as half of the "holidays"..and CS is based on where the Paying parent lives..which means that when we filed against Susanne they based it on our standards which cis Less than where she lives in Ontario.
there IS a hardship clause( which we would/will use) that protects people who make Far less than the "other parent" from suffering financial hardship in paying CS..kinda complicated but it uses the entire household income and not just the one parent..which means that IF She was stupid enough to try to get money from us we could use Not only her income but that of the SD's and Her BF in the calculations..and considering that she Alone makes 3 times what Dad does....well you get the picture.
Spousal support is a tough one..it is usually only given to help the "spouse" get back on their feet..
WRT % of extra expenses and transportation..the courts will base this on the parents income..Mom was ordered to pay Approx.85% of the "extras" because of her income..BUT you have to not only ask the courts for this you also have to provide proof as well.And it only covers reasonable extracurricular,medical,educational,travel etc..

[MixedBag]

who can give you some insight as to the Candadian system and what you (or rather he) might be facing.

Hope this helps!

[car0]

Thank you for taking time to answer this matter.

Yes, that is what I am thinking. You cannot have 2 divorces going on at the same time at 2 different places. No matter where in the world it is. It is just not logical.

What really is blocking me right now is that I don't know what the lawyer in canada did or didn't submit to the court here (canada). It is alot better to get divorce in canada, whereas we will not have to pay for her lawyer. If she doesn't have the money, she can see if she can get juridical aid.

She never lost her canadian citizenship in the eyes of the canadian government because canada recognizes dual. They have been residents of connecticut for more than a year now, so yes they are elligible to file for divorce in either countries I believe.

So as soon as I know if anything has been filed here in canada or not, we will start the procedures in canada if they haven't been started. That way we will have proof to show to connecticut court if need be that there is already an other court taking care of this matter.

I appreciate all the help I can get.

Thank you again