1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Does a divorce in the US end a Canadian marriage ?

Anonymous Asked:

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

Expert Comment:

Subscribe
Notify of
0 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Andrew J. Kania, LL.B., LL.M.
10 years ago

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 Douglas Briand for a free consultation).

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
0
Would love your thoughts, please comment.x
()
x