Divorce 101 FAQs

Does it matter which court I get my divorce in?

Generally speaking, no.

However, if you and your spouse do not have “children of the marriage”, a claim for divorce can be brought in the jurisdiction that either of you normally reside.  Under the law in Ontario, if there are still “children of the marriage”, any claim for divorce must be brought where the children habitually reside.

An important distinction is that if there is both a Superior Court of Justice and an Ontario Court of Justice in your area, then you must be sure to begin your case in the correct court. Divorce matters that include property division belong under the jurisdiction of the Superior Court of Justice. When in doubt, call the court office and ask the staff where the family court in your municipality is.

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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.