2. Live in Ontario for at least one year

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Family Law - Separation and divorce
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General
Family Law Education for Women (FLEW)
Ministry of the Attorney General
Legal Aid Ontario (LAO)

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Do I have to get a divorce?
This question has an answer and 4 steps

2. Live in Ontario for at least one year

You or your partner must have lived in Ontario for at least one year before you can apply to the court for a divorce. This is sometimes called the "residency" requirement.

But you don't have to meet the residency requirement if:

  1. you are a same-sex couple married in Ontario, and
  2. you and your partner have been living for at least a year in a country that won't give you a divorce because it doesn't recognize your Canadian marriage.

This applies to couples who came to Canada to get married from countries that don't recognize same-sex marriages, and then went back to their home country to live. Because their home country doesn't recognize their same-sex marriage, these couples can't get a divorce in their home country if their marriage ends.

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Reviewed: July 31, 2017

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