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Posts from the ‘Jurisdiction’ Category

I live in Ontario, and my spouse lives abroad, where we were married. Can I file for divorce here in Ontario?

Marriages abroad may be dissolved here in Canada, provided you are ordinarily resident in Ontario, or any other province, for at least one year. If you have been living continuously in Ontario for at least a year, you can apply for a divorce. The fact your spouse lives abroad does not disqualify you from applying for a divorce.

Your place of marriage has no significant impact on where you are divorced.  At the center of the matter is whether at least one spouse actually lives in the place where the divorce... MORE »

I live outside of Canada, but was legally married in Ontario. How can I file for divorce where I live?

Your Canadian marriage may be dissolved abroad, provided you meet legal requirements for divorce imposed by the foreign jurisdiction. You may need to meet residency requirements there before applying. You may further need to obtain a declaration from a judge that your Canadian marriage is legally recognized in your foreign jurisdiction. If you live in a Commonwealth country, this should not be a problem. For specific details, contact your local government office or ministry responsible for processing divorce applications.

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I am moving to another City, but I have already filed for divorce. Can I change the jurisdiction of my divorce proceeding?

To change the location of your divorce proceeding, you will need to bring a motion before Court seeking an Order to transfer your case to the intended jurisdiction. According to the Family Law Rules, the party bringing the motion must show it will be substantially more convenient to deal with the case or step in your case in another municipality. Your spouse may challenge your request at your motion hearing.

In general, the judge will assess the best interests of the children, if applicable, and seek a balance of convenience between... MORE »

My spouse wants to move the divorce proceeding I started to a Court to another municipality closer to his home. How can I stop this change from happening?

According to the Family Law Rules, a case should be heard where a party resides, or, if child custody and access are at issue, where the child ordinarily resides. To move your divorce proceeding to a Court in a different municipality, your spouse is required to bring a motion before Court to obtain an Order. Your spouse must show it is substantially more convenient to deal with the case or step in the case in another municipality.

The threshold of showing the transfer will be “substantially more convenient” is quite high.... MORE »

Does it matter where I file for divorce?

An application for divorce, with or without a claim for property, must be filed at the Ontario Superior Court of Justice. All other family law applications can be filed at the Ontario Court of Justice. As long as you ensure you are filing your application at the right Court, you are free to choose a Court location on the basis of where you reside, or if your application includes child custody and access issues, where the child resides.

If your spouse contests your application for divorce, you will be required to... MORE »