Either spouse can file for divorce if they have lived in Canada for at least one year
Under Canada’s Divorce Act, any legally married person can apply for divorce provided they meet the basic residency requirement. To qualify, either spouse must have lived in the Canadian province or territory where they’re filing for at least 12 consecutive months immediately before starting divorce proceedings.
Eligible applicants include:
- Canadian citizens who are legally married
- Permanent residents who are legally married
- Temporary residents who meet the residency requirement
- Same-sex couples who are legally married