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Does a divorce in the US end a Canadian marriage ?

Posted in Divorce, Location, Ontario, Toronto Downtown Core by Questions on July 7, 2014

Does a divorce in the United States end a marriage that took place in Canada?

1 Expert Comment

  1. On July 9, 2014 at 4:32 pm
    Andrew J. Kania, LL.B., LL.M. said:

    Answer: I assume that you wish to get re-married in Canada. If a divorce is granted in the USA, it will of course then be recognized, at a minimum, in the American State that granted the divorce. This does NOT mean that the divorce will also then be recognized in one of the Canadian provinces, if you seek to get re-married in Canada. It depends on the facts of the case, which is why lawyers must provide a letter of opinion to support an application to obtain a marriage license, where a person has obtained a “foreign” divorce and wishes to re-marry in Canada. Generally, if the person who obtained the “foreign” divorce had a permanent tie with the State that granted the divorce for one year or more prior to seeking the divorce in that State (or the person that they divorced did) then the divorce will likely be recognized in Canada. As you can tell, this is a complicated area of the law. I can provide you with a 100% answer if I am able to speak with you and examine the “foreign” divorce, but until then I can only provide the above general comments. Feel free to call me for a free consultation.

    (The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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