Divorce for American Same-Sex Couples
I was married in Niagara Falls in 2007. It was a same-sex marriage, not recognized in the US at that time and still not recognized in my home state of Pennsylvania. Can I obtain a divorce in Canada?
Normally, to obtain a divorce in Canada, you need to be habitually resident in Canada for one year.
However, there was a serious issue of Americans travelling to Canada to obtain same-sex marriages, and then being unable to get a divorce in the United States, as their state did not recognize same-sex marriages.
To deal with this issue, Canada now allows same-sex married couples who were married in Canada to obtain a divorce in Canada without the one-year residency requirement. To be eligible to get a divorce in Canada, you would need to meet these 3 requirements:
1. you and your spouse have been separated for at least 1 year;
2. neither you nor your souse lives in Canada; and
3. both you and your spouse live in a state where you can’t obtain a divorce (if you are not sure, you will need to check with a local lawyer).
If you and your same-sex partner were married in Canada and meet these three requirement, then you are eligible to get a divorce in Canada. Feel free to contact us if you have questions about your eligibility, or would like us to help you obtain your divorce.
You're Invited to Contact Us!
If you are considering divorce -- or have already made your decision -- you're invited to email me on my contact form. I'll explain how you can protect your legal rights, reduce the expense of divorce, and protect your children from undue emotional stress.