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 either you or your spouse to have been habitually resident in Prince Edward Island for at least one year immediately before the divorce proceeding starts. Only one spouse has to meet the test, so a recent arrival can still file if the other spouse has lived here for the full year.
The statute says "habitually resident" rather than "ordinarily resident", and the year is counted back from the day the proceeding starts. 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 of the Rules of Civil Procedure, and a marriage certificate is filed with it unless the petition explains why that is impossible. How you show your residence can depend on your situation, so gather documents such as leases, work records and bills showing where you have lived, and confirm with a lawyer what your file needs. Residency is a separate question from the grounds for divorce.
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 has to meet the one-year test, and the year is counted back from the day the proceeding starts.
- A divorce in PEI starts with a petition under Rule 70, and a marriage certificate is filed with it unless the petition explains why that is impossible.
- Gather documents showing where and when you have lived here, and confirm with a lawyer how your situation fits the residency test.