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Are divorce applications heard in family court?
No. Divorce applications are not handled in family court because family courts are set up and administered by the provinces. The Divorce Act is an Act of the federal government of Canada, and so divorces are heard in federally appointed courts.
In Alberta, New Brunswick, Manitoba, and Saskatchewan, this is the Court of Queen's Bench. In Newfoundland, Prince Edward Island, Nova Scotia, British Columbia, the Yukon and Northwest Territories, the Supreme Court, trial division has the power to hear divorces. In Ontario, this court is called the Ontario Court (General Division) and in Quebec, it is called the Superior Court. In all of these courts, you begin proceedings by filing a divorce petition with the Clerk of the Court.
June 2006
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