I'll try and make this quick.
Background: I was in a horrible marriage from Jan 2013 - April 2016, no kids, kept separate bank accounts, she worked very little, and I paid for everything. She is Canadian and I am US citizen that sponsored her visa. She lived in the US two of those three years.
In April 2016 I signed a separation agreement with my ex to divide up our possession. We had our own stuff so basically what we took into the marriage we both took out... aside from the new bedroom suite that she wanted and, of course I paid for.
I first thought something was up when she agreed to go see a lawyer about a separation as I had been trying to convince her for a divorce for months. We were roommates at best and just found out very quickly we didn't care for one another.
The papers were signed; she gets her stuff and I get mostly mine with the caveat that I have to pay her 12k usd. I originally didn't agree to this, but after seeing that this wouldn't get done otherwise (she threatened all sorts of stuff to include claiming abandonment) and I knew if we didn't both agree to the terms it would cost us more money in legal fees. So I signed. The next day she packed her stuff and moved back to Canada which voids her ongoing immigration that was yet to be 100% complete.
Less than a month later she called to tell me she was pregnant and that she had been sexually assaulted. While we were married she went to an ayahausca retreat in the states and hooked up with the "teacher" or pseudo-shaman. So needless to say I found out quickly that it was consensual and have several emails from the guy in question giving all the details. Also, he gave me all the facebook messages between him and her showing her trying to avoid legal means and extorting him for support/money.
Per the agreement I gave her 6k upfront, which she took off to Canada with, and the other portion was to be paid in full 6 months after the agreement. That 6 months is up and I don't want to pay.
I have tried to compromise with her and she won't do it stating we have an agreement. I told her I will go to a lawyer and try to get the agreement null and void based on her knowing she was pregnant at the time we entered into negotiations/agreement. It clearly stats on the agreement, and was highlighted many times by the lawyer who did the agreement, that no other vital information is being withheld before signing. I've called that original lawyer and he told me it may be hard to prove she knew at the time of the signing. I have two home pregnancy tests that were found in her stuff after she left and I found out she went to a hospital to confirm. She stats that all tests came back negative and that the diagnosis was complication with her endometriosis. So obv the reason she changed her tune on the divorce was that she had to escape before she showed, and knew I wouldn't give her anything if I had known of her affair.
As of today, she text me threatening to get a lawyer in Canada, file for divorce (we are just separated at this time) and come after me for everything if I didn't send the 6k by tomorrow. We did not file for divorce in the state we were living bec of residency and since I have moved again for a job and don't have residency yet to file in the new state.
I rebutted back after the above mentioned text today, with a bunch of nonsense about suing her and going after the original 6k she already as because I felt she entered the agreement under false pretenses and she basically defrauded me and now is extorting me. So to the original question: Is this cross boarder fight even worth it or should I chalk it up, give her the money - trade 6k for official divorce?
Does anyone know if she can file for a divorce or sue from Canada if we were married in the US and all jurisdiction is US based since the marriage? A little I have read on it seems to point that one would not be obligated to go to a Canadian court and if ruled against, she would have a hard time officially obtaining the money from me in the US. Again that is strictly anecdotal accounts read from a divorce forum other than this one.
Thank you for any responses.
[–]frumbiggie 0 points1 point2 points (0 children) | Copy Link
[–]chewtoy88 0 points1 point2 points (0 children) | Copy Link