To file for divorce in Alberta, the following criteria must be met:
- At least one of the spouses must have habitually lived in Alberta for at least one full year, prior to the commencement of divorce proceedings.
- You must be living separate lives at the time the divorce action is started. Please Note: Living separate and apart does not necessarily mean living in separate homes – you can be separated but share the same home for various reasons (children, finances, etc)
- Filing jointly (if possible) is easier, quicker, less adversarial, and less expensive than filing a sole action (requires the full cooperation of both spouses).
- Divorce actions on the grounds of separation typically take from 2 to 4 months to conclude but it is not necessary to wait until one year of separation to begin the process.
- A copy of: your original marriage certificate or original registration of your marriage.
- A copy of all Court Orders (if any), Separation Agreements, and any other written arrangements which pertain to the marriage or any children of the marriage.
- If you have only an oral agreement, please describe the terms and provide the date of the agreement.
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