Simple Divorce Papers

We have frequently written here about the 12 month residency requirement before being eligible to file for divorce in any Canadian province. The question arises about people who are residing out of the country on a long-term business or military assignment.

We asked the military about this issue. They told us that those serving abroad in the armed forces were still considered to reside in the province from which they left. The same should be true of someone on an extended business trip, especially if he or she maintained a physical residence in Canada while away.

However, even if no physical residence is maintained, the person could still say that he or she remained ordinarily resident in Canada. This would be especially easy to argue if the person continue to pay income tax and Canada as a Canadian resident.

Moving overseas after college for a few years to teach English as a second language is becoming a popular choice for many young Canadians. You might want to speak with a lawyer about this to be sure. However the more temporary the relocation overseas appears the more likely a court would accept your position that Canada remained your ordinary residence throughout your period abroad.

You should also bear in mind that it is unlikely that anyone at the court office will actually challenge you, or force you to provide proof that you have been ordinarily resident in Canada for the past 12 months prior to filing your documents. Obviously this does not absolve you from the responsibility of telling the truth. Signing a document containing false information is a crime with serious consequences. However, if you are legitimately of the opinion that you were ordinarily resident in Canada for the 12 months prior to filing your documents then you will probably not be challenged on this issue.

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