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Do I submit divorce application in the province we got married?

Anonymous Asked:

My ex and I are living in two different provinces, do I submit divorce application in the province we got married?

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A Family Lawyer
10 years ago

A person who wishes to apply to the court for a divorce only may apply to the court in the province in which either spouse has resided for at least one year immediately preceding the commencing of the divorce proceeding. The person would also be permitted to apply for corollary relief, child support, spousal support, custody and access, in a province in which either former spouse ordinarily resides. You will note that there is no requirement for the person to have lived in the province for at least one year before commencing the proceeding in relation to corollary relief. As such, the province in which the parties were married does not determine where to apply for divorce, rather the determination factor is the province in which the parties reside for one year immediately preceding the commencement of the proceeding.

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