Divorce, Separation and Annulment – Calgary

Divorce, Separation and Annulment – Calgary

In the province of Alberta Canada there are 3 legally accepted reasons as a reason to divorce, according to the Divorce Law:

Separation
The separation is when you and your spouse have lived apart for at least 1 year before the court issues a divorce decree. You can start the divorce action during the period of one year, but you must wait until the full year has passed to be able to file for divorce. Due to financial circumstances or other family circumstances, you and your spouse may decide to live in the same household during the year of separation. Evidence must be provided that he was separated during that time.

Adultery
Adultery is when either of the spouses has cheated by having sex with another person during their marriage. If your spouse committed adultery, you can file for these reasons at any time after it is known.

Cruelty
This is when either of the spouses commits physical or mental cruelty with the other spouse, including: Violence, Verbal abuse (insults or threats), Drunkenness, Drug addiction.
The cruelty of your spouse must be so severe that making life together impossible. Cruelty only has to happen once. In this situation, you can apply for a divorce at any time. Adultery must be proven in court, either by means of evidence or for the person who committed adultery to sign an affidavit. Evidence of cruelty is required.

Note: If you were married in your country of birth or elsewhere outside of Canada, you can apply for a divorce in Alberta if you or your partner have lived in Alberta for at least 1 year.
(An uncontested divorce,  is the one where custody, access (parenting) and support have been settled.)

When you are getting a divorce, there are different types of paperwork to prepare:

1) A regular divorce is when one spouse prepares all the paperwork and the other spouse is served with that paperwork.
2) A joint divorce is when both spouses prepare the paperwork and come to the courthouse together.

Watch the videos from Alberta Divorce Guide

To get the forms and instructions to get divorce, go to Alberta Courts website Divorce Forms and Instructions

We advise you to consult with a Calgary divorce lawyer to review your personal situation and receive legal advice

 

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