The Divorce Act was passed by the Parliament of Canada as a federal law. According to Alberta divorce law, the superior court of a province alone has the jurisdiction to deal with a divorce petition. if you want to go in for a divorce in Alberta. This law recognizes only one reason for divorce and that is a breakdown in marriage and it provides three elementary ways of proving the same.
The first way is to show that the married couple has been separated at least for a year. This can be proved without much difficulty. As per Alberta law you can begin divorce proceedings at any point in time after such a separation; but the Divorce Judgment will be allowed only after the prescribed 12 months of separation is completed. However this period of separation should be one continuous whole without any gaps whatsoever; the only exception allowed is a period of attempted reconciliation of 90 days or less.
You need not produce any reasons for you separation to get a divorce in Alberta; the only thing that matters is the fact that you are separated. At the same time, you can consider yourselves ‘living separate and apart’ while remaining within the same dwelling: but it must be said that this is hard to prove. You have to be leading totally independent lives in the sense that you and your spouse should be preparing your own meals, washing clothes and maintaining home, but mind you, not sharing the same bed.
The second way is to prove that your spouse has committed adultery. However, according to Alberta law, you do not have to indicate the person with whom your partner has committed adultery. It is also not necessary to really find your spouse with another person, you only need to show that it is highly probable that adultery took place, may be by staying the night at a motel. And if your spouse is ready to admit to the adultery in an affidavit, it is proof itself. According to Alberta law, you must swear under oath that you and your spouse has not colluded or connived together. This means you have not invented the adultery just as a way of getting a divorce.
To get a divorce in Alberta, the act of adultery must have been truly occurred and not at all condoned by you. There are a couple of ways to prove this: by appearing at the court and examination for discovery. But these are not dependable means of proving adultery, as the court cannot force your spouse to answer any questions put to her. He/she can simply find protection against self-incrimination under the Alberta Divorce Law and the Evidence Act.
The third and final way to get a divorce in Alberta is to show that your spouse has subjected you to unbearable mental or physical curiosity. The courts in Alberta interpret cruelty as conduct which would make continued cohabitation unbearable. So you have good grounds for divorce, if your spouse has caused you unnecessary pain either mentally or physically or both. In case you proceed on grounds of cruelty, you must be in a position to show that the cruelty is indeed of a ‘grave and weighty’ nature and not just because of insignificant incompatibilities or disposition between you two. The test of cruelty is a purely subjective matter and as such might differ a lot by both circumstances and the parties involved.
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