Can you file for divorce in another province than where you live?

Answer: No, your father cannot make a divorce claim in Alberta. This is because the Divorce Act states that a person, or the opposing spouse, must live in the province where the Divorce Application is commenced for a minimum of one year prior to the commencement of the Divorce Application. Thus, the Divorce Application must be commenced in Ontario. However, once it is commenced in Ontario, then AFTER IT IS FIRST COMMENCED IN ONTARIO your father can then move to Alberta – and the Divorce Application will still be allowed to continue in Ontario.

In terms of property, both spouses are entitled to an “equalization of net family property” under the Family Law Act. All assets and debts of both persons are taken into account as of the date of marriage and date of separation, and then equalized. That amount can then be adjusted up or down based on certain fairness criterion, based on s. 5(6) of that statute. So, regardless of whether your father’s wife has placed assets in her name with your father’s money, we can absolutely ensure that your father is treated fairly and gets what he is entitled to receive. If you call me at: (877) 668-9386 I can provide further details as part of 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).