- A court in a province can hear a divorce only if either spouse has been habitually resident there for at least one year immediately before the proceeding starts.
- Only one spouse needs to meet the one-year residence test.
- Different tests apply to proceedings for support or parenting orders on their own, and to some spouses who live outside Canada.
If you have recently moved to Alberta, or are about to leave it, you may be unsure whether you can start a divorce here. The federal Divorce Act sets a residence rule, and it affects when and where you can file.
This article explains the one-year test, what the Act's wording means in plain language, the exceptions, and what to do if you do not yet qualify.
This article covers the law of Alberta.
The one-year rule
Under section 3(1) of the federal Divorce Act, a court in a province has jurisdiction to hear a divorce proceeding only if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts. In Alberta, divorce and the division of property are handled by the Court of King's Bench of Alberta.
Only one of you needs to meet the test. 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.
What "habitually resident" means
The Act uses the words "habitually resident", not simply "lives in". In everyday terms, it points to where your real home is, rather than a place you are only visiting. How it applies to someone with ties to more than one place depends on the facts, and a lawyer can help you assess that.
The test looks at the year immediately before the proceeding starts. A recent move can matter, so it is worth counting backward from the date you plan to file.
If you recently moved to or from Alberta
- If you moved to Alberta less than a year ago but your spouse has lived here for the full year, the test can still be met, because only one spouse needs to meet it.
- If neither of you has been habitually resident in Alberta for the full year, the Alberta court's instructions say you must wait.
- If you have left Alberta, what matters is whether either spouse has been habitually resident in the province where the proceeding is brought for the year before it starts.
Separately from residence, you still need a ground for divorce. The single ground is a breakdown of the marriage, which can be established by one year of living separate and apart, adultery or cruelty.
Exceptions to the one-year rule
| Situation | Residence test |
|---|---|
| Divorce itself | Either spouse habitually resident in the province for at least one year immediately before the proceeding starts. |
| Support or parenting orders sought on their own, after a divorce (corollary relief) | Either former spouse habitually resident when the proceeding starts, or both accept the court's jurisdiction. |
| Spouses married in a Canadian province who do not live in Canada | The court of the province where they married, if they have lived separate and apart for at least one year and both live in a state that will not grant a divorce because it does not recognize the marriage. |
For corollary relief, the one-year rule is not the test. For spouses living outside Canada, the application can be joint, or by one spouse with the other's consent, and without consent the applicant needs a court order of a specified kind.
What to do next
- Write down where each of you has lived for the past year and when any move happened.
- Decide whether at least one of you will have been habitually resident in Alberta for a full year before you file.
- If neither of you will, plan to wait rather than file early.
- If you only need support or parenting orders after a divorce, ask a lawyer whether the exception for corollary relief applies.
- If you live outside Canada and married in a Canadian province, ask a lawyer whether the special rule for that situation applies.
Frequently asked questions
Do both of us have to have lived in Alberta for a year?
No. Only one spouse needs to meet the one-year residence test. The Act's wording is that either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts.
What if I do not meet the one-year test yet?
The Alberta court's instructions say that if neither spouse has lived in Alberta for the full year, you must wait. A lawyer can help you check whether an exception might apply to you.
Does the residence rule apply to support or parenting orders after a divorce?
Not in the same way. A proceeding for corollary relief can be heard if either former spouse is habitually resident in the province when it starts, or if both accept the court's jurisdiction.
Which Alberta court handles divorce?
The Court of King's Bench of Alberta has sole jurisdiction over divorce in Alberta, and neither the Court of Justice nor any other Alberta court can grant a divorce.
Sources
- Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), s. 3(1) — Justice Laws (federal)
- Court of King's Bench of Alberta – Joint Divorce instructions (April 2026) — albertacourts.ca
- Civil Marriage Act (S.C. 2005, c. 33), s. 7 — Justice Laws (federal)
- Divorce Act, s. 8(1) — Justice Laws (federal)
- Court of King's Bench of Alberta – Family — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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