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How long do we have to be separated before I can apply for a divorce?

How long do we have to be separated before I can apply for a divorce?

From the desk of Louise P. Campbell Q.C.:

You can file the initial document to get a Divorce action started, (called in Alberta, the Statement of Claim) immediately upon separation, so long as one of the two parties has lived in Alberta for a year or more.  The final Divorce Judgement can be applied for after one year of separation, or sooner if you put in your Statement of Claim that the reason for the Divorce was the other person’s adultery, or cruel treatment of you (and you can prove, either one in your accompanying affidavit.  If the other side opposes either of these allegations, then it is probably faster to wait for the one year before applying.)  Also, the Court will not grant a Divorce unless the children are properly provided for by way of support, under the Child Support Guidelines which may be found at: http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp.