How long do I have to live in Alberta before I can file for divorce?
This answer covers the law of Alberta.
You generally need either you or your spouse to have been habitually resident in Alberta for at least one year immediately before the divorce starts. Only one of you has to meet that test, so a spouse who has lived here for the full year can carry the application even if the other lives elsewhere.
"Habitually resident" is the wording in the Divorce Act, and in plain terms it means Alberta is where you actually make your home, not a place you are just visiting. The Alberta court's joint-divorce instructions put it as one of you having lived in Alberta for one full year before filing, and say that if neither has, you must wait.
The one-year test does not apply to every proceeding. Support or parenting orders sought on their own after a divorce can be heard if either former spouse is habitually resident in the province when the proceeding starts, or if both accept the court's jurisdiction. Spouses married in a Canadian province but living outside Canada may divorce in the court of that province, after a year apart, if both live in a state that does not recognize the marriage. How to prove your residence depends on your facts, and a lawyer can confirm what evidence suits your situation.
Key takeaways
- Either you or your spouse must have been habitually resident in Alberta for at least one year immediately before the divorce starts.
- Only one spouse needs to meet the one-year test, so the other can live elsewhere.
- Support or parenting orders sought on their own after a divorce use a different test than the one-year rule.
- How to show your residence depends on your facts, so a lawyer can confirm what suits your situation.