How to manage cross-border divorce

[RStevens]

I was married in Ontario in 1993 and separated from my husband in 1998 when I moved to the US (New York City). As a resident of New York State I have filed twice here in New York but my husband has not finalized the divorce since there is no option of "no fault" in New York state and he does not like the wording of the divorce papers.

He would be more amenable to filing for divorce in Ontario; however, he has not taken the initiative to do so (I suspect lack of funds).

As my husband is still a resident of Ontario, could I file for divorce in Ontario even though I now live in New York?

Thanks

[Lindsay]

Hi RStevens,

You absolutely can file in Ontario, so long as your husband has been normally resident here for at least one year (which I'm assuming he has been). You must apply in the city in which he normally resides. You may either do everything yourself by attending at the court house in person to file the papers (minimum three visits), or arranging for someone else to attend on your behalf. If you would just rather have a lawyer take care of the work, I suggest you hire a lawyer in the city in which you will be applying.

Take a look at this other thread re Ontario UCD that is going right now.. it may be helpful.

Lindsay