Frequently Asked Questions

Family lawyer fees in Edmonton typically range from $250 to $500+ per hour, depending on the lawyer's experience and the complexity of your case. A straightforward uncontested divorce may cost $1,500 to $3,500, while contested matters involving custody or property disputes can range from $10,000 to $50,000 or more.

Many firms offer free initial consultations, flat-fee options for simple divorces, and payment plans to help manage costs. Learn more about strategies to reduce your legal costs.

Family lawyers in Edmonton typically use one of several fee structures:

• Hourly rates ($250 to $500+ per hour) -- most common for contested matters
• Flat fees for specific services like uncontested divorces or document preparation
• Retainers -- upfront deposits that the lawyer draws from as work is done
• Unbundled (limited scope) services -- the lawyer handles only specific tasks while you manage the rest

Always ask for a written fee agreement and regular billing statements. Read our guide to choosing a family lawyer for more tips.

Yes, several free and low-cost legal resources are available in Edmonton:

• Legal Aid Alberta -- legal representation for those who qualify financially
• Edmonton Community Legal Centre -- free legal advice clinics
• Student Legal Services (University of Alberta) -- free assistance for eligible clients
• Family Law Information Centre (FLIC) -- free info and help with court forms at the courthouse
• Duty counsel -- free lawyers at the courthouse for brief advice on court days
• Law Society of Alberta Lawyer Referral Service -- free 30-minute consultation

Learn more about eligibility and how to apply in our legal aid guide.

An uncontested divorce in Alberta typically takes 4 to 6 months from filing to the final Divorce Order. Contested divorces, where spouses disagree on custody, support, or property, can take 1 to 3 years or longer depending on the issues involved.

Under the federal Divorce Act, you must be separated for at least one year before a divorce is granted, unless the grounds are adultery or cruelty. Mediation can often help resolve disputes faster than litigation. See our complete Alberta divorce guide for the full timeline.

To file for divorce in Edmonton, you or your spouse must have lived in Alberta for at least one year. The steps are:

1. Complete and file a Statement of Claim for Divorce at the Edmonton Court of King's Bench
2. Serve the documents on your spouse
3. Wait for your spouse to file a response (or the time to respond to expire)
4. Resolve any contested issues through negotiation, mediation, or trial
5. Apply for the Divorce Judgment

Filing fees for the Court of King's Bench are approximately $260. Read our step-by-step filing for divorce guide for complete details.

To prepare for a divorce in Alberta, you should gather:

• Your marriage certificate (original or certified copy)
• Identification for both spouses
• A separation agreement (if you have one)
• Financial disclosure documents: tax returns (3 years), pay stubs, bank statements
• Investment and pension statements
• Property valuations (home, vehicles, businesses)
• A list of debts and liabilities
• Documentation of parenting arrangements
• Any existing court orders

Comprehensive financial disclosure is mandatory in Alberta family law proceedings. See our divorce document checklist and financial disclosure guide for full details.

In Edmonton and across Alberta, child custody (now called guardianship and parenting time under the Family Law Act) is determined based on the best interests of the child. Courts consider factors including:

• Each parent's relationship with the child
• The child's physical and emotional needs
• Stability of living arrangements
• The child's wishes (depending on age and maturity)
• Each parent's ability to provide care
• Any history of family violence

Parents can agree on a parenting arrangement, or the court will decide if they cannot. Read our comprehensive child custody guide for detailed information.

While it is legally possible to create a custody agreement without a lawyer, it is strongly recommended to have legal advice. A family lawyer ensures your agreement:

• Is legally enforceable
• Covers all necessary issues (parenting time, decision-making, holidays, relocation provisions)
• Protects your rights and your children's interests
• Meets Alberta court requirements if it needs to be filed

Even if you and your ex agree on terms, having each party's agreement reviewed by an independent lawyer helps prevent costly disputes later. If you are considering self-representation, see our self-representation guide.

Yes, custody and parenting orders can be modified in Alberta if there has been a material change in circumstances since the original order. Examples include:

• A parent relocating
• A significant change in a parent's work schedule
• Concerns about a child's safety
• The child's needs changing as they grow older
• A parent's failure to follow the existing order

You will need to apply to the court for a variation, and the court will again apply the best interests of the child test. Learn more in our court order changes guide.

A parenting plan is a written agreement between parents that outlines how they will raise their children after separation. It typically covers:

• The parenting schedule (regular time, holidays, vacations, special occasions)
• Decision-making responsibilities (education, health, religion, extracurricular activities)
• Communication methods between parents
• How disputes will be resolved
• Relocation provisions
• Rules about introducing new partners

A well-drafted parenting plan reduces conflict and provides stability for children. It can be informal or filed with the court to become a court order. See our effective parenting plans guide for a detailed walkthrough.

Yes, under Alberta's Family Law Act, grandparents and other non-parents can apply for contact (access) with a grandchild. In some circumstances, grandparents can also apply for guardianship (custody).

The court will consider the best interests of the child, including the nature of the grandparent-grandchild relationship and the child's needs. Applications are more common when a parent has passed away, when parents are unable to care for the child, or when a parent is unreasonably denying contact.

Learn more in our grandparents' legal rights guide.

Cross-border custody situations arise when parents live in different provinces or countries. Canada is a signatory to the Hague Convention on International Child Abduction, which provides a legal framework for the return of children wrongfully removed from their home jurisdiction.

In Alberta, a parent wishing to relocate with a child must provide notice to the other parent and, if contested, obtain court approval. The court considers the best interests of the child, the reasons for the move, the impact on the child's relationship with the other parent, and the feasibility of preserving that relationship.

Read our detailed cross-border custody guide and child relocation rules for more information.

Child support in Alberta is calculated using the Federal Child Support Guidelines. The base amount is determined by the paying parent's gross annual income and the number of children.

In shared custody arrangements (where each parent has the child at least 40% of the time), both parents' incomes are considered. Additional expenses like daycare, medical costs, and extracurricular activities (Section 7 expenses) are typically shared proportionally based on each parent's income.

See our full child support guidelines guide for tables, examples, and common scenarios.

Spousal support (also called alimony or maintenance) is a payment from one spouse to the other after separation or divorce. It may be awarded when:

• There is a significant income disparity between spouses
• One spouse sacrificed career opportunities during the marriage
• A spouse needs financial assistance to become self-supporting
• The marriage was long-term and one spouse is disadvantaged

The amount and duration are influenced by the Spousal Support Advisory Guidelines, which consider the length of the marriage, each spouse's income, and the presence of children. Learn more in our spousal support guide.

Alberta's Matrimonial Property Act governs property division for married couples. Generally, all property acquired during the marriage is divided equally, regardless of whose name it is in. This includes the family home, vehicles, investments, pensions, and business interests.

Property owned before the marriage or received as a gift or inheritance may be exempt, but any increase in value during the marriage can be shared. Common-law partners do not have automatic property rights under this Act but may have claims under unjust enrichment principles.

Read our property division rules guide for a full breakdown of how assets are handled.

The family home is typically the largest asset in a divorce. In Alberta, there are several options:

• One spouse buys out the other's share
• The home is sold and the proceeds are divided
• One spouse retains the home as part of the overall property settlement (offsetting other assets)
• The sale is deferred until a future date (e.g., until the youngest child finishes school)

Regardless of whose name is on the title, both married spouses generally have an equal claim to the matrimonial home under the Matrimonial Property Act. A spouse also has the right to remain in the home until a court orders otherwise. For more details, see our property division guide and property value disputes page.

In Alberta, you are considered an adult interdependent partner (common-law) after living together in a relationship of interdependence for 3 or more continuous years, or if you have a child together and have lived together in a relationship of some permanence.

Common-law partners have rights to spousal support under the Family Law Act and can apply for custody and parenting time. However, unlike married couples, common-law partners do not have automatic rights to property division under the Matrimonial Property Act. Property claims must be pursued through other legal means such as unjust enrichment or constructive trust.

Learn more about your rights in our common-law rights guide.

A protection order is a court order that restricts a person from contacting or coming near you and your children. In Alberta, under the Protection Against Family Violence Act, you can apply for:

• Emergency Protection Order (EPO) -- available 24/7 through a Justice of the Peace for immediate protection
• King's Bench Protection Order -- provides longer-term protection through the Court of King's Bench

You do not need a lawyer to apply, though legal assistance is recommended. Protection orders can include provisions for exclusive possession of the home and temporary custody of children. See our protection orders guide and family violence protection page for detailed steps.

If a court order for custody, support, or property is not being followed, you have several enforcement options in Alberta:

• Support arrears: The Maintenance Enforcement Program (MEP) can garnish wages, seize bank accounts, suspend driver's licences, and pursue jail time
• Custody/parenting time violations: File a contempt application, request make-up parenting time, or ask for an order variation

It is important to document every violation and seek legal advice promptly. The court takes non-compliance seriously and has significant enforcement powers. Learn more in our support enforcement guide and court order compliance page.

Family mediation in Edmonton involves a neutral, trained mediator who helps separating couples reach agreements on custody, support, and property issues. Key points:

• The process is voluntary, confidential, and typically faster and less expensive than court
• Sessions usually last 1 to 3 hours
• Most matters can be resolved in 3 to 6 sessions
• Edmonton offers court-connected mediation services as well as private mediators
• Both parties can still have their own lawyers review any agreements before signing

Compare your options in our mediation vs. court guide or read our divorce mediation guide for detailed steps.