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If you have been a resident of Alberta for at least a year before you begin your divorce, you are able to start your Divorce paperwork. If you have not been resident in Alberta for at least a year, you may need to file where you lived previously.
If you have been resident for at least a year then the grounds for divorce are:
- Separation for one year;
- Physical or mental cruelty.
(for a claim based on Adultery or Cruelty, the person committing the adultery or cruelty cannot begin the divorce)
Claims for divorce based on Adultery or Cruelty require proof that the act(s) occurred. In Alberta there is a form of affidavit where someone can admit adultery.
While you can file your claim at any time, you cannot request a divorce judgment until one year has passed (if the grounds for the claim is separation for one year).
Each instance turns on its particular facts in determining how long the process takes. In some cases divorce can be completed in a one year (possibly less if there is proof of adultery or cruelty), however in cases where the parties choose to dispute many issues the action may last for years. It is not uncommon for a divorce action to last for two to four years although this varies greatly depending on the needs and personalities of the parties.