Legal Question in Family Law in Washington

American divorces Canadian

I am a Canadian. My husband is an American. We were married in 2003 in Canada but we became separated when he returned to the U.S. 7 months ago. While we were married we had a post-nuptial agreement prepared which keeps our individual assets separate and free from the other's claim. My husband plans to obtain a divorce in Washington state. Will this divorce be valid in B.C.? And what about the one year separation requirement in B.C.? There are no children involved and we have already divided any joint assets. Can you please help me? Thank you.


Asked on 6/22/06, 2:14 am

1 Answer from Attorneys

Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: American divorces Canadian

I do not have enough facts to give you a proper answer. Were you living in Canada continuously after marriage? Where was the post nuptial agreement signed? Did a Canadian lawyer prepare it? Are all of your assets of both of you in Canada? What was your husband's legal status in Canada, i.e., was he a landed immigrant? Or did he maintain a resident alien status in Canada? Was he ever a resident of Washington? Is he a bona fide resident now? You need to seek the services of a competent family law or matrimonial lawyer first in B.C. who has experience in such cross border matters. You may have to find a lawyer in Washington to challenge any legal proceedings improperly brought in the U.S. in the county of Washington where your husband may bring a dissolution of marriage action. Good Luck.

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Answered on 6/22/06, 7:50 am


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