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Divorce Act Basics

No change in size, 18:08, 30 April 2021
What happens if we each start a court proceeding for divorce?
If the two court proceedings were started on the same day and you can't agree on which court proceeding should be cancelled, you or your spouse <span class="noglossary">will</span> have to apply to the [https://www.fct-cf.gc.ca/en/home Federal Court] for a decision about which court proceeding should continue and which should end. The Federal Court will use these rules:
#if one of the proceedings asks for an order about parenting, the court proceeding that <span class="noglossary">will</span> continue is the proceeding in the province where the child normally lives;,
#if neither proceeding asks for an order about parenting, the court proceeding that <span class="noglossary">will</span> continue is the proceeding in the province where you last lived together; and,
#if neither proceeding asks for an order about parenting and neither province is the province where you last lived together, the court proceeding that <span class="noglossary">will</span> continue is the proceeding which the Federal Court considers to be "most appropriate."
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