LEGL-280 Lecture Notes - Lecture 2: Zoophilia, Condonation, Connivance
Document Summary
A breakdown of the marriage is established when: The parties have been separate or apart for 1 year. The other spouse has treated the other spouse with physical or mental cruelty. **we now only need to prove 1 year separate and apart: vast majority divorce on this basis. Divorce action: either spouse can commence action, spouse commencing is called "plaintiff", and other spouse. "defendant: commenced by statement of claim, procedure governed by alberta rules of court, in addition to requesting divorce, spouse can request corollary relief in. Statement of claim: defendant can file statement of defence and counter claim asking for divorce and other relief, after final judgment, can still come before court to vary corollary relief if there is a change in circumstances. [no limitation: the province where either former spouse is ordinarily resident at commencement, any province where both spouses accept the jurisdiction of the court.