Can a new immigrant get divorced in Ontario?
Yes. Ontario courts do not consider immigration status in divorce proceedings. As long as either spouse has been ordinarily resident in Ontario for at least one year, the court has jurisdiction. This applies regardless of whether you are a permanent resident, work permit holder, student, or visitor.
Key Points
Yes. Immigration status is not a factor in Ontario divorce proceedings. The only relevant question is residency.
As long as either you or your spouse has been ordinarily resident in Ontario for at least one year immediately before the divorce application is filed, an Ontario court can hear the case.
Detailed Answer
Under the 《Divorce Act》, an Ontario court has jurisdiction to hear a divorce if either spouse has been ordinarily resident in Ontario for at least one year immediately before the divorce application is filed. Ordinarily resident means Ontario is your primary and habitual home — not merely a temporary stay.
Immigration status is entirely irrelevant to this analysis. The court does not ask whether you are a citizen, permanent resident, or temporary resident. If you have lived in Ontario for at least one year, you can file for divorce here.
One area of caution for newcomers: if your immigration status is linked to your spouse — for example, if you came to Canada under spousal sponsorship — a divorce may have immigration consequences that are separate from the family law proceedings. It is important to get both family law and immigration advice before proceeding.
Miao He is a bilingual lawyer who serves the Chinese-Canadian community in the GTA. If you have questions about divorce as a newcomer, contact 647-930-6688.
Still have questions?
Miao He · Mandarin & English · 30 min consultation $220 + HST · Markham · All of Ontario
