What Are Ground for Divorce in Alberta?

Posted by heritagelawoffices on Sep 29, 2016 in Blog, Divorce Law, Family Law

young couple having difficult discussionDivorce– a reality that is tough to consider, but many people report happier lives and better family dynamics after the difficult process. If you are considering divorce or experiencing one in your family, you may be curious as to what defines grounds of divorce. Read on for Heritage Law’s crash course in applying for divorce and determining what constitutes a marriage breakdown.


In Canada you must be legally married under the laws of Canada or another country whose marriage laws are recognized by Canada. One of the spouses must have lived one, full year in the Canadian province or territory where you apply for your divorce. If you live outside the country, you must have been married in Canada and one spouse’s country of residence must not recognize Canada’s marriage laws.


Canada has only one ‘ground’ or reason that a divorce is allowed by law: marriage breakdown. Outlined in the Divorce Act, a marriage that has broken down is a ‘no-fault’ situation and you can prove one of the following:

  • Adultery;
  • Physical or mental cruelness;
  • Living apart for one year or more.


Once you have confirmed that your marriage has broken down due to one of the above issues, it’s time to seek legal advice. The experts here at Heritage Law are always calm, considerate and professional when handling such sensitive matters. We will guide you through the entire process, ensuring you are totally familiar with your rights, you and your spouse’s positions in the eyes of the law and all the necessary documents or resources that may be required.

No matter your marriage situation– amicable or hostile, simple or complex, clear-cut or emotional– Heritage Law is here for you. Our legal experts will make sure you are protected and informed throughout the ordeal that is a divorce. Prepared documents and smooth communication with divorce courts are only a fraction of the services we offer, so contact or visit Heritage Law today!