Married in 1 province, but want to file for divorce in another

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We were married in Nova Scotia, but now I reside in Ontario (well over a year) and want to file for divorce (breakdown was before I moved back to Ontario)...Which province do I use for filing?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: It depends. First, you absolutely have the right to commence the Divorce Application in Ontario, as you have lived here for over one year. This obviously also makes the most sense for you, as you now live here. However, in addition, if your spouse still resides in Nova Scotia (and has continued to live there for the last one year or more) then you can also commence it in Nova Scotia. This is the full legal analysis; however the practical answer is: Ontario.

If you wish to discuss this please call me at: (877) 668-9386 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).

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