Nova Scotia Divorce Residency Requirements

The One-Year Rule

Under sections 3 through 5 of the federal Divorce Act, at least one spouse must have been "ordinarily resident" in Nova Scotia for one continuous year immediately before filing. This isn't a citizenship test — any legally married individual who meets the residency threshold can file, regardless of immigration status or nationality.

Only one spouse needs to meet the requirement. If you've lived in Nova Scotia for 14 months but your spouse lives in Ontario, you can file in Nova Scotia.

What "Ordinarily Resident" Means

The court doesn't look for a fixed number of days in the province. It evaluates where you've settled the routine of your daily life — what Canadian case law calls your "customary mode of living." The landmark Supreme Court of Canada test from Thomson v. Minister of National Revenue asks where you regularly, normally, or customarily live.

Objective markers the court looks at:

• Where you physically sleep most nights
• Where you're employed or operate a business
• Where you file your income taxes
• Where your health card (MSI) is registered
• Where your children attend school
• Where you maintain bank accounts and a permanent mailing address

No single factor is decisive. The court looks at the overall pattern.

Edge Cases

Temporary absences: Business trips, vacations, or short-term work assignments outside the province don't break your residency. You remain ordinarily resident in Nova Scotia as long as your permanent home base is here and you intend to return.

Military and RCMP postings: A Canadian Forces member posted to CFB Halifax who has been stationed there for over a year meets the residency test, even though the posting is technically temporary. The test is factual, not based on employment classification.

Students: Someone attending Dalhousie University who has lived in Halifax for over a year and considers it their home base likely qualifies. But a student who maintains a permanent address in New Brunswick and returns there every summer may not — it depends on where the settled routine of life actually sits.

Recent arrivals: You become ordinarily resident from the day you arrive in Nova Scotia if you arrive with the clear intention of making an indefinite home here. But you still have to wait the full calendar year before filing. There's no shortcut on the time component.

Both spouses left Nova Scotia: If neither spouse has lived in Nova Scotia for the past year, the province has no jurisdiction. You'd need to file wherever one of you currently meets the residency requirement.

What the Court Doesn't Care About

Citizenship and permanent residency status are irrelevant. A temporary foreign worker, a permanent resident, or a Canadian citizen all have equal access to divorce proceedings — the only question is whether they've lived in Nova Scotia long enough.

Where you got married also doesn't matter. You can get married in Jamaica, move to Nova Scotia, live there for a year, and file for divorce in the Supreme Court (Family Division). The marriage location is a fact you'll report on the forms, but it has no jurisdictional significance.

Proving Residency in Your Filing

Your initial filing documents include a Statement of Contact Information (Form FD1). Keep records that support your ordinary residence, such as employment, health-card, tax, and housing records, in case the court asks for them.

If there's any doubt about whether you meet the threshold — say, you moved to Nova Scotia 11 months ago and want to start preparing — the Nova Scotia Divorce Filing Process Guide walks through the evidence checklist and helps you confirm your eligibility before you spend filing fees.

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