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A divorce is the legal process which terminates a marriage.  To apply for a divorce in Alberta 1 spouse must have resided in Alberta for a minimum of 1 year. A party applying for a divorce begins by filing a Statement of Claim for Divorce in the Court of Queen’s Bench of Alberta.  The filed Statement of Claim must be then be served upon the other spouse.

The parties are not divorced until a Divorce Judgement has been granted by a Justice of the Court of Queen’s Bench followed by a Certificate of Divorce 30 days later.  The Divorce Act states that the Court must ensure that appropriate arrangements are made for the payment of child support before a Divorce Judgment may be granted.  A Divorce Judgment does not finalize the division of matrimonial property.

The grounds for Divorce are as follows:

  • 1 Year Separation;
  • Adultery; and
  • Mental and/or physical cruelty.

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