International Divorce Law

[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.  

[socrateaser]

>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.

I am no expert on Canadian law, but they generally follow the same kind of process as woudl exist in the U.S. or the U.K. Your facts suggest that a petition for "separation" was filed in Canada. If this is true, and if your boyfriend, legally appeared, by filing any sort of response in the case, other than one challenging Canada's jurisdiction, then Canada would have personal jurisdiction over the parties and the case is pending judgment. We will assume that this is true.

If so, and the wife, now wishes to start another divorce in CT, then a CT court would probably refuse to exercise jurisdiction, until the Canadian court has rendered a final judgment on any material issue (i.e., property division, spousal support, child custody, child support, attorney fees).

However, afterwards, as the children are U.S. citizens by birth in IL, then a CT court might just refuse to honor the Canadian judgment if it adversely affected those children or the boyfriend's rights, as he is also apparently a U.S. citizen.

Also, with respect to issues of real property, located in CT or elsewhere in the U.S., or with respect to retirement assets, such as IRAs, 401Ks, etc., all of which are governed by U.S. and its several states' tax laws, the CT court might just say, "Close but no cigar. we're gonna make are own orders here."

There are a multitude of federal and state laws and treaties that effect your situation, and frankly, it's gonna be hell to find an attorney who knows both CT and Canadian law. Your bf will spend more on attorney fees than he will trying to settle, so that's what I recommend -- SETTLE, because the alternative is that most of what you've got will go to litigation costs.

Obviously, if you have custody issues, then that's a different story, and if so, I would suggest that you allow the mother to file in CT, and thereby submit herself to CT jurisdiction, after which more than likely the CT court will order the kids returned to the U.S.

This really could get very messy. But, I'm not gonna tell you what you "shoulda woulda coulda" done, cause it wouldn't help now -- you already done it!

Good luck.

[ArkStepMom]

1) There's no such thing as a permanent citizenship-when applying to legally be allowed to reside in the US and on recieving  Permanant Resident Status (Green Card), there is a waiting period of a minimum of 4 years before qualifying for the right to apply for Citizenship.

2) In Canada, you are not required to appear in court with your Atty.  As a matter of fact, you can not address the court at all at your hearing, you are of course welcome to be present but you are a spectator! Once you've paid an Atty for his services, he acts on your behalf.

3) If mom has initiated any procedings in Canada regarding the children the courts there will prevent any changes to the status quo until adjudication.



ArkStepMom (Canadian Citizen/Perm Resident)