If a Canadian couple who reside and work in the US decide to divorce, are they subject to Canadian or American divorce laws? They have no green card, only a work visa, and there are children involved. The preference is to both remain in the US, but one spouse is considering returning to Canada with their children.
Can the spouse return with the kids?
The laws that prevail are those of the jurisdiction in which the divorce action is filed. You’re not required to get a divorce in Canada just because you were married there. Nor are other nations bound to conduct your divorce according to Canadian law.
April 8th, 2010 at 9:40 pm
American -since they are both in the US at the time of the divorce.
References :
April 8th, 2010 at 10:30 pm
The laws that prevail are those of the jurisdiction in which the divorce action is filed. You’re not required to get a divorce in Canada just because you were married there. Nor are other nations bound to conduct your divorce according to Canadian law.
References :
April 8th, 2010 at 10:48 pm
You are required to file in the state, or this case, the country of your residency. If you are a legal US Citizen then you would file in the US, in the state in which you’ve lived for at least 6 months (some states have different residency laws)
Since you’re not a legal US citizen, you’d be required to file in Canada, in your hometown..
References :
http://document-do-it-yourself-service.com/canada/