Divorce 101 FAQs

Can I get a divorce in any court?

The short answer is no. The long answer is that there may be some flexibility depending on whether or not you or your spouse are still supporting dependent children.

If there are children of the marriage who still are still considered “children of the marriage” under the law then any claim for divorce must be commenced in the municipality where the children ordinarily reside.

If there are no children of the marriage then a claim for divorce can be started in the municipality where either party normally resides.

It is important to note that if there is both an Ontario Court of Justice and a Superior Court of Justice in your municipality then you must start your case in the correct court. If your divorce claim includes a claim for property then it must be stared in the Superior Court of Justice. The easiest way for someone to find out which court to attend at is to call the court office and ask for the family court.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.