Applying for Divorce in Another Province

Divorce may sometimes be complicated by geographic location.

Divorces are Possible in Any Canadian Province or Territory

When a marriage ends, many years and kilometers may have passed. Sometimes couples find themselves on the other side of the country in a new home. A last road trip together to return to the site of the marriage is not always a viable plan.

In addition, in Canada’s more remote provinces and territories, couples sometimes begin their matrimonial relationship away from home. Again, returning to the site of the ceremony may not be possible because of geographic location, finances, or personal obligations.

For most instances of divorce, Canada’s laws allow for a unified system of divorce that can take place in any province. Luckily, for couples, the law can save them time and money when it comes to a convenient location to end their marriage.

Federal Law Governs Divorces

In Canada, the national Divorce Act, R.S.C., 1985, c.3, governs the legal procedures involved in terminating a marriage. The Act is a federal law that has jurisdiction in every province and territory across the country. Most divorces are granted on current residency, which makes applying for a divorce convenient regardless of where a marriage took place.

Each province and territory has additional laws pertaining to divorces. However, these statutes must comport with the federal law and cannot interfere with the general provisions for divorce. Typically, provincial and territorial laws govern minor aspects of procedure, rules of court, and forms associated with an application for divorce.

Though the federal law unifies divorce proceedings from one province or territory to the next, it is a complex and sometimes convoluted piece of legislation. Negotiating the many legal variances is best accomplished with the assistance of a qualified family attorney who knows the Divorce Act and the local courts.

Standardized Grounds for Divorce from Coast to Coast

A divorce in Canada may be sought for only one recognized legal reason: a breakdown of the marriage. This means that Canada is a no-fault divorce jurisdiction where you need no reason or allegation of wrongdoing to request a divorce. Proving a breakdown of the marriage is generally based on one of three governing principles:

• you and your spouse have lived separate and apart for a year
• your spouse committed an act of adultery
• your spouse was abusive

One of the other provisions included in the Divorce Act requires that both parties of the divorce have lived in the province or territory where the divorce is being sought for at least one year prior to the application.

Therefore, if you and your spouse have lived in the same province or territory for a year or more, it does not matter which jurisdiction you were married in. There are certain restrictions to the residency requirement that may contribute to other difficulties.

Avoid Residency and Other Complications

The Divorce Act provides for exceptions to certain residency requirements and legal issues that can complicate an application for divorce. Generally, only Canadian residents may divorce in Canada. However, another federal statute provides for alternative methods of divorce.

While it provides for a legal path to divorce, pursuant to the Civil Marriage Act, some couples may have to return to the province or territory where they were married in order to apply for divorce. If a couple must proceed under the Civil Marriage Act, it is one of the rare instances where the court of residency cannot grant a divorce. The court in the province or territory of residence must defer to a court with original jurisdiction over the marriage.

Sorting out the different residency restrictions and requirements coupled with other family law issues is easier with the help of a divorce attorney with years of experience in the local courts. Divorce can be a painful and difficult time. Relying on an attorney who knows the law and do not make an already complicated proceedings worse by trying to do it without help. Contact Fine & Associates for a free consultation today.