Three Ways to Get a Divorce in Alberta Written on January 13, 2010, by Dawson Quintin.
The Divorce Act was formulated by the Canadian Parliament and is applicable across the length and breadth of Canada. To go for a divorce in Alberta, you have to approach the superior court of that state. The act lays down three basic grounds for divorce.
Before going for a divorce in the state of Alberta, either one of the spouses should have been living as an ordinarily resident of that particular province and this as stipulated by the Divorce Act. The phrase ‘ordinarily resident’ is meant to convey any person who is either employed in Alberta or hunting for a job there. It also can imply that you are already a resident of the state or have an account in a bank there. If at all you don’t meet any of these requirements, the only alternative is to file your divorce papers in another province where it is possible for you to fulfill the requirements. In case this too is impossible for you, bide your time till you can fulfill the conditions to qualify as ‘ordinarily resident’.
In order to get a divorce, the couple ought to have been leading separate lives for one full year. Since this ground isn’t hard to prove, it is commonly used by folk wanting to get a divorce. According to the divorce law prevailing in Alberta, one can set forth divorce proceedings anytime after the separation. But for the granting of the Divorce Judgment, the stipulated 12 months of living apart should be completed and that too sans any break. However, if you bring want to bring about reconciliation, you can have ninety days for the same. If it turns to be in vain, it is necessary to continue with the 12 month cycle once again.
It is not necessary for you to give any reason for the separation; the only needful thing s to live separate lives. Even if you happen to share the same living quarters, you can consider such a thing as living in a state of separation. But you should so without relying on each other in any manner possible. But this is something really difficult to prove.
Another ground for divorce is when your spouse is guilty of adultery. To get a divorce in Alberta you do not need to name the individual your spouse had sexual relations with. It is also not necessary to find him/her in bed someone. It is only necessary to establish that adultery is highly probable like your spouse spending one night in a hotel together with another person. But things become easier if your spouse is ready to admit to this in writing.
You can seek a divorce in Alberta citing mental or physical cruelty as a ground. However citing cruelty as a cause for divorce has been very controversial in Alberta. But if you were subjected to constant abuse, don’t let it stop you from getting a divorce. Courts in Alberta interpret mental or physical cruelty as reason enough for bringing a marriage to a close. Under the circumstances, if your spouse has made your life intolerable in a physical or mental manner, you can approach the court for divorce. So if you wish to continue on the grounds of cruelty, it is necessary for you to show that the said cruelty was grave and weighty by nature. Slight incompatibilities or temperament between the couple don’t count in the matter of divorce. Any test of mental or physical cruelty is a purely subjective matter and can vary a lot as per the parties concerned and circumstance.
Find out more about how to get a Divorce in Alberta.
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