I am not a Canadian citizen; can I still file for a divorce in Ontario?

This question relates to an issue of jurisdiction.

Even if you do not hold Canadian citizenship, you may still be within your legal rights to file for, and obtain, a legally recognizable divorce in Canada. It is also possible to obtain a divorce in Canada even in the event that the marriage took place outside of Canada.

In most cases, in the event that you are not a Canadian citizen, you have to apply for a divorce in the province where either you, or your spouse, have been living for at least one year.  More specifically, according to section 3(1) of the Divorce Act, “A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.”

The court may require that you provide evidence of this. Not being able to provide such evidence may impair your ability to obtain a divorce within that province.

For more information on applying for a divorce, if you are not a Canadian citizen, contact Krol & Krol at 905.707.3370.