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Same sex Non-citizen divorce

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Anonymous Asked:

My same sex partner and I are US citizens. We have never been a resident of Canada. We came to Vancouver in 2007 to get married. We would now like to file for divorce but we can't find any information about how same sex couples who were married in Canada but are non citizens of Canada and who have never lived in Canada can file for a divorce. Any suggestions?

Expert Comment:

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There is no information available on this issue because there is a residency requirement for obtaining a divorce in Canada. One of the parties must be ordinarily resident in Canada for one year prior to seeking the divorce. I suggest you consult with legal counsel in the US regarding your issue. As same sex laws are emerging, the issue of divorce will also need to be addressed.

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