Can I get divorced in Alberta if my spouse lives in another country?
This answer covers the law of Alberta.
Yes, you can usually divorce in Alberta even if your spouse lives in another country, as long as you or your spouse has been habitually resident in Alberta for at least one year immediately before the proceeding starts. This applies whether you married in Canada or abroad, and whether your spouse lives in Alberta or abroad.
You start by filing a Statement of Claim for Divorce in Form FL-1 in the Court of King's Bench. The claim must be served by leaving a copy with your spouse, not their lawyer, unless the Court orders otherwise, and the person serving cannot be you. A spouse served outside Canada has 2 months to respond, instead of 20 days within Alberta. The usual divorce rules still apply, including the ground of breakdown of the marriage, which can be shown by living separate and apart for at least one year.
The Alberta Rules of Court also contain rules about service outside Alberta and service under the Hague Convention in Part 11. Service abroad can involve extra steps, and how long it takes depends on the country, so it is worth confirming the process with a lawyer before you start.
Key takeaways
- You or your spouse generally needs to have been habitually resident in Alberta for at least one year immediately before the divorce starts.
- It does not matter whether you married in Canada or abroad, or whether your spouse lives in Alberta or abroad.
- A spouse served outside Canada has 2 months to respond, compared with 20 days if served in Alberta.
- The claim must be served by leaving a copy with your spouse, not their lawyer, unless the Court orders otherwise.