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.