Divorce

1)      They have been ordinarily resident in Alberta for a least one year immediately prior to filing for Divorce.

2)      They are able to meet the ground for divorce, being marriage breakdown, which may be established by any one of the following:

i)        Adultery;

ii)      Mental cruelty;

iii)    Physical cruelty; or

iv)    One year`s separation.

In the Divorce Action, the Plaintiff or the Defendant seeks an Order dealing with all or some of the following:

a)       Decision-making responsibility for and parenting of the children;

b)      Child support; and

c)       Spousal support. 

The parties will not be divorced until a Divorce Judgment has been granted by a Justice of the Court of King’s Bench.   If there are children in the marriage, the Divorce Act states that the Divorce Judgment cannot be granted until the Court is satisfied that appropriate arrangements have been made to pay child support.

In addition, seeking an Order for the Division of Family Property is possible.