FAQs Jurisdiction

Does it matter where I file for divorce?

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Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

An application for divorce, with or without a claim for property, must be filed at the Ontario Superior Court of Justice. All other family law applications can be filed at the Ontario Court of Justice. As long as you ensure you are filing your application at the right Court, you are free to choose a Court location on the basis of where you reside, or if your application includes child custody and access issues, where the child resides.

If your spouse contests your application for divorce, you will be required to regularly file pleadings and make court appearances. Choosing a Courthouse where you and/or your child resides (if applicable) will make these events less burdensome. Location may not be as important however, if you are filing an application for an uncontested divorce.

 

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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.