How long do you have to live in PEI before you can file for divorce?
This answer covers the law of Prince Edward Island.
You generally need to have been habitually resident in Prince Edward Island for at least one year immediately before the divorce proceeding starts, and only one spouse has to meet that test. The Divorce Act uses the words habitually resident, not ordinarily resident, and the year is counted back from the day the proceeding starts.
There is an exception 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. Residence is separate from the ground for divorce, which is breakdown of the marriage. That is established by one year of living separate and apart, or by adultery or cruelty.
In PEI, a divorce is started by a petition under Rule 70 of the Rules of Civil Procedure, and a marriage certificate is to be filed with it unless the petition explains why that is impossible. The Supreme Court practice note on uncontested divorce documents asks that the petitioner's affidavit confirm the petition's information is correct. How you show your residence can depend on your situation, so it is worth confirming with a lawyer what to include.
Key takeaways
- At least one spouse must have been habitually resident in the province for one year immediately before the proceeding starts.
- The Divorce Act says habitually resident, not ordinarily resident.
- If the same spouses have divorce proceedings in two courts with jurisdiction, the one commenced first has exclusive jurisdiction.
- A PEI divorce starts with a petition, and a marriage certificate is to be filed with it unless the petition explains why that is impossible.