Should I get a canadian lawyer or an american

[goodness]

Good evening,
I'm a french canadian (born in quebec) and I got married in a Michigan court 6 years ago. I Have 2 children with my husband but he wants to seperate or file for a divorce. He told me he already has a lawyer helping him. I don't. We are seeing a couple therapist right now but he wants to stop this therapy. My husband says I am bipolar but our therapist says I had a postpartum depression 2 years ago (my son is 3 years old). He is upset with the diagnostic of the therapist and he doesn't want to see him anymore. He wants to separate.
What should I do now considering the fact that all my family is in Quebec so I have no support in Michigan? Should I call a lawyer? Does he have the right to kick me out of my house like this? Who will have the custody of our children? I am a stay at home mother ( I have never worked since I have mooved in Michigan) Should I get a Canadian attorney or an american one? If we get a divorce and I have the custody of the children, would I be able to go back in my Country with the kids? Does he need to authorize it?
Please someone tell me where to start so I don't make any mistakes.
Thanks.
Me

 

[army judge]

Okay, OP, here's what you need to do.

You need a Michigan attorney.
Make an appointment ASAP with a local attorney.
Tell the attorney you want to file for divorce, because of mental cruelty and irreconcilable differences.
Ask the attorney to request emergency child support for you, emergency spousal support ( as you're a stay at home mom), emergency and exclusive use of the marital home for you and the kids, temporary emergency child custody for you, and request the attorney to ask the court for your husband to pay your legal fees.

The rest the attorney will tell you.
More than likely, the kids won't be allowed to leave the US. You if course can go anytime, they can't, and you know what will happen if you leave them in the US. So, don't.

Do this tomorrow, or at least attempt it. Don't listen to anything your soon to be ex-husband says, don't argue with him. Tell him to speak to your attorney and leave it at that. He can't do anything to you. So, don't worry. Just take things day by day and get help for your issues. We all have problems, just get better for those kids!

 

[goodness]

Ouff!! That is a lot to do. I feel trapped.
So There will be no chance for me, ever to get the kids to come back in my Country once the whole thing is over?
I can't beleive it.
Really? But all my family and friends are in Quebec.
I feel so abused right now...
But thanks a lot for the information.

 

[army judge]

Ouff!! That is a lot to do. I feel trapped.
So There will be no chance for me, ever to get the kids to come back in my Country once the whole thing is over?
I can't beleive it.
Really? But all my family and friends are in Quebec.
I feel so abused right now...
But thanks a lot for the information.

There are always possibilities. Life is filled with possibilities. I mean, suppose you were to take the kids to visit their grandparents BEFORE any divorce proceedings were commenced? People visit family all the time, don't they? Heck, you MIGHT even want to visit this weekend, right? Now, if you decided to do that, you'd be in Canada, wouldn't you? Hint, hint, wink, wink!!

I'll bet you'd feel FREE in Canada, around your family. I'll bet that people get divorced in Canada all the time, right? I know a Michigan court couldn't order you to come back to Michigan to face a divorce action. I know that a Canadian court would award a Canadian citizen custody of their Canadian children.

Yeah, Quebec is gonna be real pretty this fall. Hint, hint, wink, wink. Better get out while you can. Hint, hint, wink, wink. Where there's a will, there's a way!

 

[goodness]

Well, when I was in Quebec, I tried to contact a lawyer but they have told me that I could'n get help from them because I didn't have a canadian address. So I know it wouldn't be a good idea to go in a trip right now. They can't help me.
I don't know the law here in Michigan but I know in Quebec, it is very hard for a dad to have the custody of his child. The mother usually win.
My other answer is : I was in Quebec for 5 weeks. I sould have done it then. But I didn't know anything about it. While I was in Quebec, my husband contacted his attorney. I guess that is why he decided to inform me of the divorce thing once we got back and not while we were there....
But still, i cannot believe that someone in a relationship, can decide "just like that" to kick his used to be "better half" out of his house ???
Thank you very much for the information.

 

[irish223]

Unfortunately, you must be a resident of Quebec for one year before you can file for a divorce there.

My interpretation of the previous advice (or suggestion or tale) is to just leave the US for Canada with your children. The implication is that it will be difficult for your husband to obtain physical custody of the children if they're in another country. After a year, you could file for divorce there.

IMO, it's not very wise advice. If you follow that advice, your husband will divorce you in Michigan. You will be divorced in absentia, and your husband will probably get everything he requests. That could include all assets, as well as legal custody of the children. Then he would appeal to the government of Quebec to follow the directives of the Hague Convention which would ultimately force the return of the children to the US.

You need a Michigan lawyer. Your lawyer can suggest parenting plans that may allow you to move with the children to Quebec. However, you should be prepared to remain in Michigan if you wish to retain primary or shared custody.

Good luck!