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Ontario - Alberta Jurisdiction Issue

Anonymous Asked:

My ex-husband and I lived in Ontario together. My ex-husband filed for divorce over 10 years ago and then we reconciled. The marriage has now ended, and we agreed to a divorce severing spousal support. Queen's Bench in Alberta has dismissed the divorce application because of the earlier application filed in Ontario. I am told he must dismiss the action in Ontario before Alberta will issue the divorce. He has now lost his job and is not doing anything about these issues. I want a divorce, what are my rights and how do I proceed.

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Andrew J. Kania, LL.B., LL.M.
9 years ago

In order to provide specific advice we would first need to read the divorce Application in Ontario. However, subject to reading it, what we will likely state is that we can simply go on the record, if retained by you, and then proceed to finalize the divorce in Ontario. If there is an Application in Ontario that is still ongoing then, generally speaking, we should have no difficulty obtaining the divorce for you, once again assuming that we are retained and subject to first reading the divorce Application. Feel free to contact 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. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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