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Do I file for divorce in Ontario or Alberta?

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Anonymous Asked:

My spouse lives in Alberta we lived there for 7 years and when we separated I back to Ontario where we are both from. We were married in Ontario. The separation agreement was done in Alberta before I left. Do I file for divorce in Ontario or Alberta?

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A Family Lawyer
6 years ago

The Divorce Act, which operates and has jurisdiction on federal matters throughout Canada, requires that a party has resided for one year in the jurisdiction in which the party is applying for a divorce. In other words, if you have lived in Ontario for one year immediately before the commencement of the divorce application, then you may apply for divorce in Ontario. The separation agreement and the divorce are separate matters, and the divorce would be recognized in Alberta if granted by an Ontario court.

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