In Alberta and the rest of Canada, there is no formal “legal separation”. You are considered separated once either you or your spouse determine that the relationship is over, even if you are still living under the same roof. Divorce typically requires one year of living “separate and apart,” though you can apply to have the divorce granted sooner in cases of adultery or cruelty, but these are rare and complicated. After the divorce is granted, there’s a 30-day appeal period before you can obtain a Certificate of Divorce. While the separation period is one year, the entire process may take longer depending on disputes over assets or custody, but options like Mediation can make the process faster and more cost-effective.
In Alberta, most divorces are granted after spouses live separate and apart for one year. Knowing the real rules about separation, timelines, and divorce certificates can help you make smart decisions and avoid costly misunderstandings.
1. There’s No Such Thing as “Legal Separation”
One of the most common misconceptions in Alberta is the idea that you need to be legally separated before starting the divorce process. The law in Alberta and the rest of Canada does not require a document or court order to consider you separated.
As soon as you or your spouse determine that your relationship is over and you begin living separate lives, you are considered to be separated. This can even happen under the same roof if you are no longer acting as a couple. The key factor is intention, not paperwork.
2. The One-Year Separation Rule
The most common ground for divorce in Alberta is a one-year separation. This means you have lived “separate and apart” for at least 12 months before applying for a divorce. Separation starts the moment that your or your spouse decides that your marriage is over and you begin to act accordingly.
During this time, you can sign agreements about parenting, support, or dividing property. But the court will not grant a divorce until that one-year period has passed.
3. What About Adultery or Cruelty?
Some people believe they can skip the one-year wait by filing for divorce based on adultery or mental/physical cruelty. While this is technically true, these cases are rare and can take longer or become more complicated than expected.
To move forward with these grounds, the other spouse must admit to the adultery or or not contest the cruelty. The Divorce Judgment does not specify the grounds upon which the divorce was granted. In most cases, people still choose to wait for the year to pass and file based on separation, which is often simpler and less emotionally charged. Nothing turns on the which grounds for divorce are used. There is neither a benefit nor punishment arising from someone’s acts of adultery or cruelty.
4. What Happens After a Divorce Is Granted?
Once the court grants your divorce, there is a 30-day appeal period. This is a standard waiting time in case either party wants to challenge the judgment. Appeals are rare, but the divorce is not “official” until those 30 days are up.
After that, you can request a Certificate of Divorce, which is required if you plan to remarry or need proof of divorce for other legal matters.
5. Can the Divorce Process Finish in One Year?
After the one year of separation, you can ask the Court to grant the divorce, but this takes some time as it goes through the requisite Court processes. However, if there are disagreements about money, parenting, or property the process may take longer.
Choosing Mediation or Collaborative Divorce often speeds things up and reduces legal fees. These options are also more respectful, private, and cost-effective than going to court.
Have questions about separation or divorce in Alberta? Call Pierre Boileau at 780‑482‑2888 to schedule a consultation.
Frequently Asked Questions
Q1: Do I need a lawyer to separate from my spouse?
No legal document is needed to be considered separated in Alberta. However, a lawyer can help draft agreements on parenting, finances, and property that protect your rights during the separation period.
Q2: Can we still live in the same house and be “separated”?
Yes. If you live under the same roof but no longer function as a couple (separate bedrooms, meals, finances), you can still be considered separated under Canadian law.
Q3: How do I get my Certificate of Divorce?
After the 30-day appeal period has passed, you can request a Certificate of Divorce from the court. This is a key document if you ever need to prove the divorce legally or plan to remarry.
Pierre Boileau
Over almost 35 years of practice Pierre Boileau, K.C. has gained experience as a Mediator, Collaborative Family Lawyer, Litigator and now as an Arbitrator. Pierre’s extensive experience has shown him that client satisfaction is maximized when clients have control over their own future. This can best be achieved through interest based negotiation. Only as a last resort, should litigation be considered. When necessary, Pierre relies upon his vast court experience and training.
Pierre remains committed to continuing to practice at a high level with particular care, interest,and sound judgment. He doesn’t shy away from particularly challenging cases. Pierre’s greatest reward comes from the satisfaction of assisting clients through one of the most challenging experiences of their lives.