Divorce - How can I file for Divorce?

[Coach]

I am a candian who married an american 9 months ago. We have never lived together and were married in USA. How do i file for a divorce? In canada you have to be living together for a year and you can only file for divorce in the state we were married if you are a resident (which i am not)

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

According to the Department of Justice website in the How to Apply for a Divorce section, you can get a divorce if you have been separated for at least a year with no chance of getting back together.

Here are some excerpts from their website,

You need to apply to a court for a divorce.

As a general rule, to be able to divorce in Canada, you must meet ALL of the following criteria:

-You and your spouse are legally married under the laws of Canada, or under the laws of another country and that marriage is recognized in Canada.
-Your marriage has broken down.
-You or your spouse lived in the Canadian province or territory where you apply for your divorce for a full year immediately before making your application. (See the exception to this rule for certain non-residents who married in Canada)

and

Exception to Residency Requirements

As a general rule, only Canadian residents can divorce in Canada. If neither you nor your spouse lives in Canada, you cannot get a divorce under Canada’s Divorce Act. But you may be able to end your marriage under the Civil Marriage Act if you meet BOTH of the following criteria:

-You married in Canada; and
-You cannot undo your marriage in the country where you or your spouse lives because that country does not recognize your Canadian marriage.
-To undo your marriage under the Civil Marriage Act, you would need to apply to a Superior Court in the province or territory where you married. A lawyer in that province or territory may be able to advise you on what you need to do. You may also be able to get information from a Superior Court or from the Department of Justice or Attorney General in the applicable province.

A process under the Civil Marriages Act only ends the marriage. You would need to resolve other issues such as child support and spousal support under the laws of the country where you live.

You may also want to contact the nearest Family Law Information Centre (FLIC) for some additional information. FLIC services are available in family courts across Ontario. They provide information about separation and divorce and related family law issues.

Information and Referral Coordinators (IRCs) are available at designated times to provide information and to make referrals to appropriate services.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org