Who does not use Divorce Act ISO?

 The Divorce Act ISO process will generally not be available to you if:

  • both you and the other party live in Nova Scotia;

  • you were divorced from the other person in another country;

  • the parties agree for the matter to be heard in Nova Scotia or in the other jurisdiction, or the judge allows the matter to be heard in one of these jurisdictions;

  • you were divorced from the other person in Canada and have an undecided claim(s) for support as part of your divorce proceeding;

  • you are in the middle of getting divorced from the other party;

  • if a divorce is already filed, but not finished, then you will deal with support issues as part of that proceeding;

  • you or the other person lives outside of Canada in a country that is not a reciprocating jurisdiction (see list of reciprocating jurisdictions here);

  • you want to start an application and the respondent lives outside of Canada in a reciprocating jurisdiction (see list here) (e.g. it is only the person who lives in the reciprocating jurisdiction outside of Canada who can start a Divorce Act ISO application to come to Canada, and not vice versa).

Cases where people live in different jurisdictions can be complicated. It is always recommended you obtain legal advice to discuss your options and which is best for you.  Click here for information about getting legal advice in Nova Scotia, including no- and low-cost services.

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