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Divorce in Alberta has co-habitation rules

A breakdown in marriage is never good. It means that you want to get a divorce and split up a home you thought you would be in forever. One way of getting a divorce is to tell the court that there is a breakdown in the marriage that can't be fixed. Another way is to prove that your spouse committed adultery or that he or she was abusive to you in some way, either mentally or physically.

Getting a divorce in Alberta also has certain constraints that need to be followed. One of them is the fact that you need to have lived in separate homes for a year or more before you file for divorce. This may seem arduous but there are several exceptions to the rule.

The living separately arrangement can be circumvented if you had the intention of living apart and were separate, on and off, for a time period. The time period can be considered uninterrupted of one of you became incapable of living away from your spouse. If you would have done so under normal circumstances, then this will count as time lived apart.

If you decide to give your marriage a go one more time, for a period not to exceed 90 days, this can count toward living separately. The Divorce Act of Canada says that it is the job of your lawyer to inform you about the co-habitation rules and the fact that you can make a go of it for 90 days and not lose your eligibility.

Can you begin to see how much you may need legal counsel? This person knows the complicated ins and outs of divorce and living apart and can answer all of your questions.

Source: Divorce Act of Canada, "Divorce," accessed Jan. 06, 2016

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