Generally speaking, no.
However, if you and your spouse do not have “children of the marriage”, a claim for divorce can be brought in the jurisdiction that either of you normally reside. Under the law in Ontario, if there are still “children of the marriage”, any claim for divorce must be brought where the children habitually reside.
An important distinction is that if there is both a Superior Court of Justice and an Ontario Court of Justice in your area, then you must be sure to begin your case in the correct... MORE »
Most Recent FAQs
On June 26, 2013, Bill C-32, an Act to Amend the Civil Marriage Act (also known as the Civil Marriage of Non-residents act) was given royal assent and became law. It allows same-sex couples to divorce, even if they are unable to be granted a divorce in their home jurisdiction – as long as the marriage was valid in the jurisdiction in which the marriage took place.
... MORE »
If parties are separated, the law protects spousal rights under both the realm of wills and intestacy. A separated spouse mentioned in a will is entitled to the gifts given by the testator. Likewise, a separated spouse still has status under the law of intestacy.
If a will is made benefitting the testator’s spouse, and the parties are subsequently divorced, there is conflicting law.
Under the common law, a will is not revoked by divorce, only a new marriage. Common law holds that a will created during the marriage is not... MORE »
The answer to this question depends on many factors. First, consider whether you are simply looking to do the paperwork and receive a piece of paper which says that you are divorced or if there are other issues to be decided. If that is the case and both parties agree there are no outstanding disagreements, then you can complete your paperwork with the court and receive a divorce within just a couple of months.
Unfortunately, most Divorce cases involve complex financial and emotional issues which need to be resolved between the... MORE »
In Canada, as long as you or your spouse has lived in Canada for at least one year, you will be able to receive a divorce. Divorces are granted by the courts in Canada based on your current marital status as determined by the government of Canada and not as determined by the government where you were married.
Neither you nor your spouse is required to be a Canadian citizen in order to receive a divorce in Canada. The only requirement to make a court application for a divorce is that... MORE »