Can I apply for a divorce in Canada while on visitor visa?

Posted in Divorce, Location, Mississauga, Ontario by Questions on October 29, 2015

I have been living in Canada for the past 3 years,I am on a visitors visa. Can I apply for a legal divorce though I was not married here. My husband and I have been separated for 10 years now.

1 Expert Comment

  1. On November 3, 2015 at 2:26 pm
    Andrew J. Kania, LL.B., LL.M. said:

    Either you or your spouse must be ordinarily resident in Canada for a minimum of one year before you are allowed to make an Application for a divorce. You indicate that you are in Canada on a visitor’s visa. In order to provide you with guidance in terms of whether you are allowed to commence a divorce Application in Canada I would first need to speak with you in order to ask you questions about your exact status in Canada and intentions for the future, in terms of your residence. I need to determine whether you can likely meet the ordinary residence requirement. I may be reached at 905-451-3222 for a free consultation and I can provide you with guidance once you have answered my questions.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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