Taking a Look At Getting a Divorce in Alberta Written on December 10, 2009, by Nicholas MacKinnon.
The Divorce Act was passed by the Parliament of Canada as a federal law. According to Alberta divorce law, the superior court of a province alone has the jurisdiction to deal with a divorce petition. if you want to go in for a divorce in Alberta. This law recognizes only one reason for divorce and that is a breakdown in marriage and it provides three elementary ways of proving the same.
The first way is to show that the married couple has been separated at least for a year. This can be proved without much difficulty. As per Alberta law you can begin divorce proceedings at any point in time after such a separation; but the Divorce Judgment will be allowed only after the prescribed 12 months of separation is completed. However this period of separation should be one continuous whole without any gaps whatsoever; the only exception allowed is a period of attempted reconciliation of 90 days or less.
It is not required to cite any cause for the separation to get a divorce in Alberta, except that you have indeed separated. Even if you and spouse are sharing the same dwelling place, you can be deemed ‘living separate and apart.’ It must be acceded that this is rather hard to prove. During such a period, you must not depend on each other for any purpose and even such acts like cooking, washing cloths, maintaining the home well etc, must be done separately, but be careful to not to share the same bed.
The second way is to show that your spouse is guilty of infidelity. Under Alberta law, it is not required of you to reveal the name of the person your spouse has committed adultery with or catch your spouse in the act. You only need to establish likelihood that adultery has indeed taken place as in the case when he/she stayed in a motel room for the night. The easiest way to prove extra marital sex is for your spouse to admit it in an affidavit. And as per Alberta law, when completing the Petition for Divorce you must swear that there is absolutely no connivance or collusion between the spouses. So don’t ever try to invent an adulterous action solely as a means of getting a divorce.
To get a divorce in Alberta, the act of adultery must have been truly occurred and not at all condoned by you. There are a couple of ways to prove this: by appearing at the court and examination for discovery. But these are not dependable means of proving adultery, as the court cannot force your spouse to answer any questions put to her. He/she can simply find protection against self-incrimination under the Alberta Divorce Law and the Evidence Act.
The third and final way to get a divorce in Alberta is to show that your spouse has subjected you to unbearable mental or physical cruelty. The courts in Alberta interpret cruelty as conduct which would make continued cohabitation unbearable. So you have good grounds for divorce, if your spouse has caused you unnecessary pain either mentally or physically. In case you proceed on grounds of cruelty, you must be in a position to show that the cruelty is indeed of a grave and weighty nature and not because of any insignificant incompatibilities or disposition between you two. The test of cruelty is a purely subjective matter and as such might differ a lot by both circumstances and the parties involved.
We hope you have found this article on Divorce in Alberta useful. If you have any questions, please visit us at Divorceonline.ca
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