stuck in a hard place

[mell]

this past may i went and got married in the states, things didnt turn out as planned and by june 20 i was sleeping in a seperate room from my husband. THings turned sour and violent so i decided to come home . I just recently got back here to canada and would like to file for a divorce. I dont know where to go to do that and if i can even file for a divorce here since i was married in the states. The laws for divorce are different here then they are in the states . if any one has any advise on this or where I should look please feel free to write back or send email to oscar2881@hotmail.com i would greatly appriciate it


thanks
M.M.

[logicalvelocity]

mell,

welcome to the forum,

sorry to hear about your circumstance.

as you mentioned,

I just recently got back here to canada and would like to file for a divorce. I dont know where to go to do that and if i can even file for a divorce here since i was married in the states. The laws for divorce are different here then they are in the states . if any one has any advise on this or where I should look please feel free to write back or send email to oscar2881@hotmail.com i would greatly appriciate it

To answer your question, the applicable statute in your situation that would apply is known as the Divorce Act (Canada).

An electronic copy of same can be found here

http://lois.justice.gc.ca/en/D-3.4/235045.html

Refer to section 3(1), 3(2), 3(3) - JURISDICTION

JURISDICTION

Jurisdiction in divorce proceedings
3. (1) A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.

Jurisdiction where two proceedings commenced on different days
(2) Where divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on different days and the proceeding that was commenced first is not discontinued within thirty days after it was commenced, the court in which a divorce proceeding was commenced first has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the second divorce proceeding shall be deemed to be discontinued.

Jurisdiction where two proceedings commenced on same day
(3) Where divorce proceedings between the same spouses are pending in two courts that would otherwise have jurisdiction under subsection (1) and were commenced on the same day and neither proceeding is discontinued within thirty days after it was commenced, the Federal Court has exclusive jurisdiction to hear and determine any divorce proceeding then pending between the spouses and the divorce proceedings in those courts shall be transferred to the Federal Court on the direction of that Court.

R.S., 1985, c. 3 (2nd Supp.), s. 3; 2002, c. 8, s. 183

lv