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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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My wife and I want to divorce. we are both canadian citizens

Customer Question

My wife and I want to divorce. we are both canadian citizens living in south america. How do we divorce in Canada.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ontario
JA: Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: We got married in Canada
JA: Is there anything else the Lawyer should be aware of?
Customer: We live in southamerica
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: no assets in canada or anywhere else
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.

Unfortunately, you will not be able to get divorce in Canada.

The law is that one of you must have been living in one of the provinces of Canada for at least one year before you apply for the divorce there. Then either one of you could apply for the divorce in that province.

You will have to apply for the divorce in the country where you area living.

This has nothing got to do with citizenship but is solely guided on where you are a resident.

Let me know if you need any further clarification.

Customer: replied 6 months ago.
we have no kids.
Customer: replied 6 months ago.
Technically we are still resident of ontaro as our address is stil from ontario. We just don't want to travel to canada as we have a couple of businesses going on here in south america
Expert:  Legal Ease replied 6 months ago.
It doesn't matter whether you have children or not.It also doesn't matter what your technical address is. You have to have been living in a province in Canada for one full year before applying for the divorce. If you haven't been doing that you cannot apply for the divorce in Canada.

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