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Family

Can I file for divorce in Alberta before we have been separated for one year?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

This answer covers the law of Alberta.

Yes, you can start a divorce on the one-year separation ground before the year is up, but you cannot ask for the Divorce Judgment until the year has passed. The Divorce Act requires the spouses to have been living apart when the proceeding started and the full year to be complete when the divorce is decided.

You can be separated while still under one roof only if you are in fact living apart, which is a question of fact for the court. A short reconciliation does not restart the clock if you resumed living together for no more than ninety days in total, with reconciliation as the primary purpose.

Adultery and cruelty are alternatives, and neither needs a year of separation first. Cruelty means physical or mental cruelty that makes continued cohabitation intolerable. For adultery, the other spouse must in most cases be willing to sign an affidavit admitting it. Once a judgment is granted, the divorce takes effect on the thirty-first day after it is rendered, unless a court shortens that period in special circumstances if both agree not to appeal, or a pending appeal delays it. Whether these grounds fit your situation depends on the facts, so a lawyer can confirm.

Key takeaways

  • You can start a divorce on the separation ground before the year is up, but you cannot ask for the Divorce Judgment until it has passed.
  • You must be living apart when you file, and living under one roof counts only if you are in fact living apart.
  • Getting back together for no more than ninety days in total, with reconciliation as the main purpose, does not interrupt the separation period.
  • Adultery and cruelty are alternatives to the one-year separation and do not need a year of separation first.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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