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Divorce Jurisdiction
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Tyler Posts: 1
Posted On: 6/7/2020
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I am here in Canada under a tourist visa for more than a year, I am now processing my application for a work permit. Can a tourist like me file a divorce here? Thank you
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Moderator Moderator Posts: 4075
Posted On: 6/29/2020
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Hello There,
Thank you for sharing your situation and question with us.
You may find helpful information in the Settlement.Org article, How can I get a divorce in Ontario?. Here is an excerpt:
You do not have to be a Canadian citizen to apply for a divorce, but there are certain criteria you must meet.
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If you want an Ontario court to officially end your marriage, you can apply for a divorce if you meet these 3 eligibility criteria:
You were legally married in Canada or in any other country.
You intend to separate permanently from your spouse or have left your spouse already, and you do not believe there is a possibility you will get back together.
You and/or your spouse have lived in Ontario for at least the 12 months preceding your application.
The Divorce Act is the federal law that deals with divorce matters in Canada. If you are not legally married, divorce law does not apply to you.
There may be an exception to the residency requirement if both you and your spouse live outside Canada and you live in a country that does not recognize your Canadian marriage. You may be able to end your marriage under the Civil Marriage Act and can apply for divorce in Ontario with existing forms from the Ministry of the Attorney General.
You may wish to consult a reputable and registered lawyer familiar with immigration issues and family law regarding your situation. If you choose to contact 211 and speak to a Community Resource Navigator, they may be able to refer you to community legal clinics in your area.
211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
If you have any additional questions, please feel free to post them here.
We hope this information is helpful.
Sincerely,
Your Settlement.Org Team
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