Simple Divorce Papers

Whether the marriage took place outside of Canada, or outside of the province in which the spouses now reside, if one or both spouses have resided in the same Canadian province (or territory) for at least one year, the resident spouse or spouses may apply here for a divorce. The application takes place in the province of residence according to the rules in place in that province.

Although, as stated earlier, divorce is federal, and the judges empowered to grant divorce are federally appointed, and must adhere to the rules established by the federal Divorce Act, many of the specific procedures differ from province to province. The forms are different, requirements are different and the fees are different because divorce is a case of each province deciding for itself how it will administer the federal law.

Confusing? Welcome to Canada’s wonderful system of cooperative federalism.

The bottom line is that in order to apply for a divorce, you or your spouse must have resided in the province in which you apply for at least one full year up to the date on which the divorce is granted. You may apply before the year is up but your divorce will not be granted until the year has expired.

If you were married in Canada but now you both reside somewhere else, you must apply for divorce in your new jurisdiction according to its rules. The rules governing divorce are the ones of the jurisdiction in which you now reside. If you reside in separate jurisdictions you can each apply in your own jurisdiction. Usually the first one to apply determines where the divorce will be processed.

This is what happens in Canada where spouses apply in different provinces, the first one to apply determines which provincial procedures will be followed. The federal government maintains a central divorce registry and no divorce is processed until the registry is checked to make sure the other spouse has not already started a divorce proceeding elsewhere in Canada.