How long do you have to live in Prince Edward Island before you can file for divorce?
This answer covers the law of Prince Edward Island.
You generally need to have lived in Prince Edward Island for at least one year before you can file for divorce here. The Divorce Act says a court in a province can hear a divorce if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts.
Only one spouse has to meet the test, and the year is counted back from the day the proceeding starts. The Act uses the words "habitually resident" rather than "ordinarily resident". If divorce proceedings between the same spouses are pending in two courts that each have jurisdiction, the court where the proceeding was commenced first has exclusive jurisdiction and the second proceeding is deemed discontinued.
In PEI, a divorce starts with a petition under Rule 70, and a marriage certificate is to be filed with it unless the petition explains why that is impossible. The court's practice note asks that the petitioner's affidavit confirm the petition's information is correct. How you show your residence depends on your situation, so a lawyer can confirm what to include if you moved recently.
Key takeaways
- Either spouse must have been habitually resident in the province for at least one year immediately before the proceeding starts.
- Only one spouse needs to meet the one-year test, and the year is counted back from the day the proceeding starts.
- If proceedings between the same spouses are pending in two courts that each have jurisdiction, the court where the proceeding was commenced first has exclusive jurisdiction.
- A PEI divorce starts with a petition under Rule 70, and a marriage certificate is to be filed with it unless the petition explains why that is impossible.