What are the grounds for divorce in Alberta?

Under the Divorce Act, there is only one ground for divorce: marriage breakdown. This can be established by: one year of separation (most common), adultery, or physical or mental cruelty. Most divorces in Alberta proceed on the basis of one year separation.

How long does divorce take in Alberta?

An uncontested divorce typically takes 4-6 months from filing to judgment. A contested divorce can take 1-3 years depending on complexity and court schedules. You must be separated for at least one year before the divorce can be granted (unless proceeding on adultery or cruelty grounds).

How much does divorce cost in Alberta?

An uncontested divorce with no children and simple property division can cost $1,500-$3,000 in legal fees. Contested divorces range from $10,000-$50,000+ depending on complexity. Court filing fees are approximately $260. DIY divorce is possible for simple cases.

Do I need to go to court to get divorced in Alberta?

For uncontested divorces (desk divorces), you typically don't need to appear in court. The judge reviews the paperwork and grants the divorce. For contested divorces, court appearances are usually required for case conferences, settlement conferences, and trial.

Alberta Divorce Guide: Complete 2026 Guide

Everything you need to know about getting divorced in Alberta, from grounds to final judgment.

Last updated: January 2026 | 15 min read

1. Grounds for Divorce

Under Canada's Divorce Act, there is only one ground for divorce: marriage breakdown. This can be established in three ways:

1. One Year Separation (Most Common)

Living separate and apart for at least one year. This is the ground used in 95%+ of divorces. You can live in the same house but live "separate lives."

2. Adultery

Your spouse committed adultery. You cannot use your own adultery as grounds. Must be proven or admitted.

3. Physical or Mental Cruelty

Your spouse treated you with physical or mental cruelty making continued cohabitation intolerable.

Practical Tip:

Most lawyers recommend proceeding on separation grounds even if adultery or cruelty occurred. It's simpler, less expensive, and doesn't require proving fault.

2. Contested vs Uncontested Divorce

Uncontested (Desk) Divorce

Both parties agree on all issues
No court appearance required
Judge reviews paperwork only
Typically 4-6 months
Cost: $1,500-$3,000

Contested Divorce

Parties disagree on issues
Multiple court appearances
May require trial
Typically 1-3 years
Cost: $10,000-$50,000+

3. The Divorce Process

Separation

Begin the one-year separation period. Document the separation date.

File Application

File a Statement of Claim for Divorce with the Court of King's Bench. Pay filing fee (~$260).

Serve Your Spouse

Your spouse must be served with the divorce documents. They have time to respond.

Financial Disclosure

Both parties exchange financial information (income, assets, debts).

Negotiate/Litigate

Resolve custody, support, and property issues through negotiation, mediation, or court.

Divorce Judgment

Judge grants the divorce. Divorce Certificate available after 31 days (appeal period).

4. Corollary Relief

In addition to ending the marriage, divorce proceedings typically address:

5. Costs and Timeline

Type	Timeline	Typical Cost
Simple Uncontested (no children)	4-6 months	$1,500-$2,500
Uncontested with children	4-6 months	$2,500-$4,000
Contested (settled before trial)	6-18 months	$10,000-$25,000
Contested (goes to trial)	1-3 years	$25,000-$100,000+

6. Frequently Asked Questions

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