The Divorce Act was passed by the Parliament of Canada as a federal law. According to Alberta divorce law, the superior court of a province alone has the jurisdiction to deal with a divorce petition. if you want to go in for a divorce in Alberta. This law recognizes only one reason for divorce and that is a breakdown in marriage and it provides three elementary ways of proving the same.
The first way is to show that the married couple has been separated at least for a year. This can be proved without much difficulty. As per Alberta law you can begin divorce proceedings at any point in time after such a separation; but the Divorce Judgment will be allowed only after the prescribed 12 months of separation is completed. However this period of separation should be one continuous whole without any gaps whatsoever; the only exception allowed is a period of attempted reconciliation of 90 days or less.
It does not matter what the reason is for your separation if you want to get a divorce in Alberta; the only thing that does is the fact that you are separated. At this point it is good to note that you and your spouse can deem yourself leading separate lives although you are staying at the same dwelling place. Unfortunately this is not a matter that is easy to prove. In such a scenario, your lives must be totally independent of each other, like cooking your own meals, doing the laundry, keeping the house in good order etc, but never sleeping on the same bed.
The second way is to prove that your spouse has committed adultery. However, according to Alberta law, you do not have to indicate the person with whom your partner has committed adultery. It is also not necessary to really find your spouse with another person, you only need to show that it is highly probable that adultery took place, may be by staying the night at a motel. And if your spouse is ready to admit to the adultery in an affidavit, it is proof itself. According to Alberta law, you must swear under oath that you and your spouse has not colluded or connived together. This means you have not invented the adultery just as a way of getting a divorce.
In order to get a divorce in Alberta, adultery must have actually taken place without you condoning it in any manner. Extra marital sex can be proved by an examination of discovery and appearance in court. But you cannot rely on such methods to show that an adulterous act has indeed taken place. The court is no position to compel your spouse to answer questions concerning the offence because he/she is secure from self-accusation under the Evidence Act and Alberta divorce law.
Lastly, to get a divorce in Alberta, you must prove that your spouse has been emotionally or physically cruel to you, in an insufferable manner. Alberta courts consider cruelty as cause enough to make living together unbearable. Under the circumstances, if your spouse has caused you needless hurt whether physically or mentally, you have very good grounds for divorce. So if you decide to go forward with cruelty as cause, it will be necessary for you to prove that the said cruelty is of a grave and weighty nature and not due to any minor incompatibilities or temperament between you and your spouse. After all, the test of cruelty is very subjective in nature and so may differ much by individual situations and those who are parties to the same.
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