Legal Question in Family Law in Canada
Hawaiian Divorce
I am a Canadian citizen and was married in Hawaii in 1992. Where would I have to file for a divorce - Canada or Hawaii?
1 Answer from Attorneys
Re: Hawaiian Divorce
Citizenship has nothing to do with the issue of where you can be divorced, and neither does the place of the mariage. Where you reside permanently determines the issue. Hawaii is a state; Canada is a nation. You can not compare national law with state or provincial law. In B.C. you may apply for an Order of Divorce through the Supreme Court of British Columbia if you have been ordinarily resident in B.C. for at least one year immediately before filing the divorce proceeding in the Supreme Court of B.C. The Rules about residency and how much time you must actually have spent in the province or state prior to the commencement of the divorce proceeding vary from state to state and province to province.