Legal Question in Family Law in Canada

Common Law Divorce

My wife and I were married through a religous cermony but never obtained a Marriage Licence. We have been together for 7 years in Ontario. I recently moved to Texas and we got a Marriage Certificate from Texas 3 months ago. I want to get a divorce since she has been seeing someone else behind my back. I am willing to settle but I am not sure what the next step is. I want the divorce to go quickly. Should we divide the assets before I file for the divorce or after or does it make a difference.


Asked on 7/30/07, 8:17 pm

2 Answers from Attorneys

Donald McLeod Donald R. McLeod Law Corp.

Re: Common Law Divorce

As noted on the LawGuru website,a ll questions directed to this law firm will be answered with reference to British Columbia law.In B.C. it is not possible to be married through a religious ceremony and not be legally married; it is possible to be married through the reading of Banns instead of by marriage licence, and to have the minister then register the marriage as legal. It is difficult to see how you could marry in a Canadian Province and get a marriage certificate issued in an American State, as only the jurisdiction in which the marriage occurred can issue the marriage certificate - a marriage certificate attests to the fact of the marriage haveing occurred in that juridiction, not in some other jurisdiction. Your situation is too complex to handle alone; you should consult a lawyer as soon as you can.

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Answered on 7/30/07, 8:48 pm
Fran Brochstein Attorney & Mediator

Re: Common Law Divorce

I'm in Texas. Since you filed a marriage certificate you must get divorced.

I can't tell you how much because you did not state if there were minor children and if you have any debts or assets.

If you live in the Housotn area, I offer Do It Yourself kits if I think they will work for you. The price depends on kids and property.

You can also hire me to represent you. Most of my deposits are under $1,000 including filing fees and service.

www.familylaw4u.com

Fran Brochstein

Be sure to mention where you found me!

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Answered on 7/31/07, 12:37 am


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