Can I Get Divorced in Alberta If I Got Married Outside Canada?
This answer covers the law of Alberta.
Yes, you can usually apply for a divorce in Alberta even if you married outside Canada, as long as you or your spouse has lived in Alberta for one year. The Divorce Act asks whether either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts. This applies whether the marriage took place in Canada or abroad, and whether your spouse lives in Alberta or abroad.
You also need a ground for divorce, which is the breakdown of the marriage. One way to show it is that you have lived separate and apart for at least one year. You can start the action before that year has passed, but the judgment cannot be given until you have lived apart for a year.
The application is made by filing a Statement of Claim for Divorce in Form FL-1 in the Court of King's Bench. What proof of your foreign marriage the Court wants, and whether a translation is needed, depends on the Court's current instructions, so confirm them or ask a lawyer before you file.
Key takeaways
- You or your spouse generally needs to have lived in Alberta for one year before a divorce can be started here.
- The residence rule applies whether the marriage took place in Canada or abroad, and whether your spouse lives in Alberta or abroad.
- If divorce proceedings are started in two provinces on different days and both courts have jurisdiction, the court where it was started first has exclusive jurisdiction.
- What proof of a foreign marriage and what translation the Court wants depends on its current instructions, so confirm them before filing.