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In what province can I obtain a Divorce Order

As a general rule, a married spouse can commence a Divorce Application in any province in Canada provided either spouse has ordinarily been a in the province where the proceeding is commenced for at least one year immediately preceding the court application.

However, as with many issues in family law, a Court could transfer the proceeding into another province in certain circumstances. For example, if there are issues of custody, the proceedings will usually be transferred to the province where the children have their primary residence.

Always best to consult a family lawyer for advice. You can call Marc J. Coderre – family lawyer.

However, and for example, if the parties have settled all of their issues pursuant to a valid Separation Agreement negotiated in the province of Québec and, thereafter, one of the spouses moved to Ontario, that spouse can commence a Divorce Application for a Divorce Order in Ontario provided he/she has resided there for one year.

You can contact Marc J. Coderre, family and divorce lawyer based in Orleans and Beacon Hill, for advice on jurisdiction.

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