How to start a divorce

Grounds for Uncontested Divorce

In Alberta, grounds for an uncontested divorce are the same as for a contested divorce. The spouses can terminate the marriage based on one of the following grounds:

Separation for at least one year before a judgment of divorce can be obtained. During this period, the spouses are allowed to live in the same home, if circumstances so require, but they have to provide evidence that they have lived separately even though under the same roof.
Adultery. There are no time requirements to file for divorce based on the ground of adultery. The plaintiff can provide the court with evidence of this ground for divorce, or with an affidavit signed by the spouse who committed adultery.
Cruelty towards the other spouse. This ground for divorce implies domestic violence, drug or alcohol abuse, insults or threats, or other abusive behavior so severe that it makes the marriage unbearable. The plaintiff has to present evidence of these cruel actions.

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