Hi everyone! I know this topic has been beat to death, but as each case seems to be slightly different I need some advice. In the interest of keeping things as brief as possible I'll do this in point form.


Facts:

- I hold both Canadian and Polish (EU) citizenship
- She is Swiss
- We married in 2007 in Bern
- I received a B permit as a result, it expires in December 2012.
- We officially separated in 2009 due to her having an affair
- We are both 29 years old
- No kids
- No joint assets
- She has a job paying about 5'500/month
- I have not had a job in Switzerland since April 2010 (though I have done some small contract work in Canada and here)
- My registered address is in Bern, but I have been living unregistered in another canton since January 2011.
- I am planning to move back to Canada, and bring my current Swiss girlfriend with me
- I never declared my marriage to any Canadian official or government. I did however have to request a statement of my civil status from the Canadian embassy in Bern in order to be allowed to marry in Switzerland.
- We are on relatively good terms and mutually believe divorce is a necessary in order to move on.


Questions:

- Do both parties have to be physically present in the same country in order to get a divorce?
- Would it be possible for me to move back to Canada, restart my life there, and apply for divorce there, while my Swiss wife remains in Switzerland?
- Is there anything in particular I should be extra cautious of?
- If we divorce here, what happens to my B permit and when?
- Since she was the one who had the affair, is it fair of me to expect her to pay for any fees related to divorce?
- What is the lowest I can expect the total of all associated fees to be in Switzerland? Canada? (Just in case someone happens to know)
- Is there anything she can do to harm me/my situation?


Thank you all for any advice and suggestions! I know the easiest way to find this all out is to speak to a lawyer, but I would like to learn as much as possible before initiating or going into any official process.

Lots of info for you in the links in this thread:

Separation legal advise needed

AFAIK: Poland = EU = B-permit (or L and you can re-apply yearly till you get one). But as you want to leave, it's not a big deal anyway....

I don't know enough about the rest of your question, but can answer two points:

1. you could divorce in Canada in principle if your legal address is there. If you really want to move back like yesterday it is legally possible. You also do not have to be in Switzerland to proceed with a Swiss divorce, you can give your lawyer a power of attorney to act on your behalf.

2. all divorces in Switzerland are "no fault", they just split assets 50 50. If may be to your interest to apply for divorce in Switzerland and ask for alimony. since she makes more than you. until you leave, which would wind up covering the lawyer's fees. But you can't ask her to pay the lawyer's fees because she cheated on you because of the "no fault" stuff.

All the best to you in the future!

As you married here, and she is living here, it will be easier and quicker and cheaper if you get a Swiss divorce using the German language.

If you both agree on asset splitting, and there are no children, you don't need a lawyer. You both need to write to the court.

I'd urge you to register at your Commune asap if you're going to do something legal like a divorce. You might run into tax problems etc otherwise. They are real sticklers on making sure foreigners live where they claim to live in many cantons.