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.