Alberta

Divorce Residency Requirements To Get Divorce In Alberta

In Alberta, the one filing for divorce is called the petitioner, and the defending party is called the respondent. Either spouse can file for divorce, or both can file together as co-petitioners. An uncontested divorce in Alberta is called an affidavit divorce, which means that both spouses agree to the terms of the divorce.

When filing for divorce without an attorney in Alberta—either online, by fax, or in person—you should file in whatever city or municipality the petitioners live. If the cities or municipalities are different, you may be able to choose between the two. If there are children from the marriage, filing where they live is required in many cases.

In Alberta, it is required that the marriage certificate be presented. If neither party has this document, it can be obtained from the Vital Statistics Agency. You do not need to wait for the document to arrive before beginning the filing process with Divorce.com.

The Divorce Act of Canada, passed in 1986, established the potential grounds for divorce throughout the country. It lays out both at-fault and no-fault reasons for divorce and provides a basis for spousal and child support, as well as child custody.

It is important to remember that debt and property distribution are covered under the laws of each province or territory. Divorce.com provides all documents needed to file divorce papers under the Divorce Act as well as the separation agreement, which covers the property and debt issues of a divorce. To process this portion of the divorce, you and your spouse will need to have reached a full agreement on all property and debt issues. If you cannot reach this agreement, you will need to contact an attorney and proceed in that manner.

Residency Requirements For Uncontested Divorce In Alberta

You can file your divorce forms in the province or territory where either spouse has lived during the prior year. If there are children involved in the divorce, it will need to be filed in the province or territory where the children live.

Reasons For Divorce In Alberta

There are three distinct grounds or reasons for divorce in Canada. They include:

• Separated: This is a no-fault judgment, and the spouses must have lived apart for one year. The divorce may be filed before the year has passed, but a decision won’t be issued until after one year. It is possible for spouses to live in the same home, as long as at least one of the spouses intends for there to be separation implied. This situation is not usually questioned.
• Adultery
• Cruelty

The second and third grounds for divorce are only available to the petitioner, meaning that the one who committed the act cannot file for divorce. Grounds based on adultery and/or cruelty typically do not have a waiting period but may be more difficult to establish. It may be impossible to utilize one of those grounds when filing a joint petition.

Property Distribution In Alberta

Because property and debt division are covered by territorial or provincial law, this will vary from case to case. It is generally understood that property obtained during a marriage is shared and there is some mechanism utilized to divide it fairly. An agreement as to distribution of property must be met for spouses to utilize Divorce.com for an online uncontested divorce.