Divorce - both parties out of country

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SueParkerJunior Member
Topic author
Posts: 17
Topics: 1
Joined: 14 Oct 2008
Location: Canada

Divorce - both parties out of country

Post Sun Jan 22, 2012 8:37 pm

My husband and I were married in Ontario in 2006. We have been separated for over three years and have a legal separation agreement. I have been living in the United States on an F-1 student visa for 3 years, and expect to be here on that visa for at least another year before transitioning to a TN or some other work visa. My husband lives and works in Australia, though I'm not sure on what sort of visa.

How do we file for divorce? Do we need to do this in Ontario, or is there some way we can do this in the United States, or elsewhere, and simply notify the federal government? As is perhaps obvious by the fact that in three years we never bothered to file for divorce, neither of us knows much about how to do it. I am back in the country maybe twice a year, and he is rarely back. Neither of us are ever back at the same time.

We have no joint assets other than a home which is currently for sale, and the splitting of the sale value after paying the remainder on the mortgage is covered in the separation agreement. There are no children, and the divorce is mutually agreeable to both parties with no support or other terms.

I really want to get this taken care of swiftly, as I'm worried that when my student F-1 visa ends and it comes time for my employer to begin paperwork for me to legally work in the US, that being still married may complicate things.

Any advice would be appreciated!
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: Divorce - both parties out of country

Post Mon Jan 23, 2012 5:47 pm

Being married will not complicate things on an F1. When applying for work visas, it is optional to place dependents on the form. No complications needed.
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Chamindri BraunNew Member
Posts: 2
Joined: 24 Jan 2012

Re: Divorce - both parties out of country

Post Tue Jan 24, 2012 4:25 am

Hi ,
I live in Srilanka and My Son is a German Born in germany but is living with me , actually I raised him up alone. Now he wants to Find his Father , I know where his Grandparents are but they too do not know the waraeabout his Father. Do you think that I should send him to Germany to find him on his own ? Can i find a foster home for him pls. He is 16 and very kind . Very German
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Chamindri BraunNew Member
Posts: 2
Joined: 24 Jan 2012

Re: Divorce - both parties out of country

Post Tue Jan 24, 2012 4:45 am

Can anybody find me a Job In Dusseldorf so that I can bring my Son along
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SueParkerJunior Member
Topic author
Posts: 17
Topics: 1
Joined: 14 Oct 2008
Location: Canada

Re: Divorce - both parties out of country

Post Tue Jan 31, 2012 7:15 pm

Dremani wrote:Being married will not complicate things on an F1. When applying for work visas, it is optional to place dependents on the form. No complications needed.


Well what complicates things now is that I have my married name on my SSN, despite all my other documents being in my maiden name. The social security office won't change it back without a name change certificate or divorce certificate, but since I never legally changed my name to my married name, and have no identification in that name, I don't really see how I can get a name change. I'm not concerned about the F1, I'm concerned about what will happen at the end of the year when my empower begins the process to sponsor me for residency.

Anyways, that's not really the point :)

Just looking for some advice as to where I should file, in the US or in Canada.
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