Understanding the Divorce Process in Alberta
Filing for divorce in Alberta involves navigating the Court of King's Bench, completing specific forms, meeting legal requirements, and following procedural rules. While the process can seem overwhelming, understanding each step helps demystify what lies ahead and ensures you meet all necessary requirements.
In Canada, divorce is governed by the federal Divorce Act, while property division and many other related matters fall under Alberta's provincial Family Law Act and Family Property Act. This means divorcing couples often deal with both federal and provincial legal frameworks simultaneously.
Whether your divorce is contested (you and your spouse disagree on issues) or uncontested (you agree on everything), the basic filing process is similar. What differs is how long the process takes and how much it costs. Uncontested divorces can be completed in a few months; contested divorces can take years.
Step 1: Determine If You Qualify for Divorce
Before filing, confirm that you meet the legal requirements for divorce in Canada.
Residency Requirement
To file for divorce in Alberta, either you or your spouse must have been ordinarily resident in Alberta for at least one year immediately before filing. "Ordinarily resident" means Alberta is your home base, even if you travel for work or other reasons.
Grounds for Divorce
Canada has three grounds for divorce:
- One-year separation: You and your spouse have lived separate and apart for at least one year. This is by far the most common ground and does not require proving fault.
- Adultery: Your spouse committed adultery. You cannot use your own adultery as grounds.
- Cruelty: Your spouse treated you with physical or mental cruelty that makes continued cohabitation intolerable.
Most divorces in Alberta proceed on the separation ground. It requires no blame and is straightforward to prove. The separation period can begin even if you continue living in the same home, provided you are living separate lives.
Important Note About Separation
You can file for divorce before the one-year separation period is complete, but the divorce cannot be granted until one year has passed. This allows you to start the process and potentially finalize everything shortly after the one-year mark.
Step 2: Gather Required Information
Before completing court forms, gather the following information:
- Your marriage certificate (official copy, not a church certificate)
- Full legal names and birth dates of both spouses
- Date and location of your marriage
- Date of separation
- Children's full names, birth dates, and current living arrangements
- Your current address and your spouse's address
- Employment and income information for both spouses
- Details of property owned and debts owed
If you were married outside Canada, you may need to obtain a certified translation of your marriage certificate if it is not in English or French.
Step 3: Complete Required Court Forms
Alberta uses standardized forms for divorce proceedings. The specific forms you need depend on whether your divorce is contested or uncontested.
Forms for the Applicant (Person Filing)
- Statement of Claim for Divorce (Form FL-3): The main document that starts your divorce action. It identifies the parties, states the grounds for divorce, and sets out what orders you are seeking.
- Affidavit of Applicant (Form FL-6): A sworn statement providing details about your marriage, separation, children, and other relevant facts.
- Financial Statement (Form FL-12): Required if you are seeking child support, spousal support, or property division.
- Parenting After Separation Certificate: If you have children, you must complete the online Parenting After Separation course before the divorce can be finalized.
Additional Forms (If Applicable)
- Child Support Guidelines Worksheet: Required when seeking child support
- Parenting Order or Agreement: Proposed parenting arrangements if you have children
- Property Division documents: If seeking property division orders
Where to Get Forms
Court forms are available free from the Alberta Courts website or from the Court of King's Bench clerk's office. You can also obtain them through Alberta Law Libraries or legal aid services.
Step 4: File Your Documents
Once your forms are complete, file them at the Court of King's Bench. In Edmonton, the court is located at the Edmonton Law Courts Building.
Filing Locations
You can file your divorce at any Court of King's Bench location in Alberta, but it is usually most convenient to file in the judicial district where you live. Edmonton residents typically file at the Edmonton courthouse.
Filing Fees
Court filing fees in Alberta include:
- Filing a Statement of Claim for Divorce: Approximately $260
- Filing a Statement of Defence or Counterclaim: Approximately $260
- Filing other applications: Fees vary by application type
Fee amounts are updated periodically. Check the current Alberta Courts website for the most recent fee schedule.
Fee Waiver Applications
If you cannot afford filing fees, you may apply for a fee waiver. You will need to demonstrate financial hardship by providing information about your income, expenses, and assets. The court has discretion to waive fees in whole or in part for those who qualify.
Step 5: Serve Your Spouse
After filing, you must serve (legally deliver) copies of the filed documents to your spouse. This ensures your spouse knows about the divorce action and has an opportunity to respond.
Methods of Service
- Personal service: A process server or other adult (not you) physically hands the documents to your spouse. This is the most reliable method.
- Service by lawyer: If your spouse has a lawyer, documents can be served on the lawyer.
- Substitutional service: If your spouse is avoiding service, you can apply to court for permission to serve by alternative means (mail, email, posting, etc.).
Affidavit of Service
The person who serves the documents must complete an Affidavit of Service, a sworn statement confirming when, where, and how the documents were served. This affidavit is filed with the court as proof of service.
Cannot Find Your Spouse?
If you genuinely cannot locate your spouse, you can apply for an order for substitutional service or dispensing with service. You will need to demonstrate the efforts you made to find your spouse before the court will grant such an order.
Step 6: Wait for Response
After being served, your spouse has 30 days (if served in Alberta) to file a response. If served outside Alberta but in Canada, the response period is typically 45 days. If served outside Canada, it is typically 60 days.
Possible Responses
- No response: If your spouse does not respond within the time limit, you may proceed by default (uncontested).
- Statement of Defence: Your spouse disagrees with some or all of your claims and wants to contest the divorce.
- Counterclaim: Your spouse wants different orders than what you requested.
- Demand for Notice: Your spouse wants to be notified of any steps but is not contesting the divorce itself.
Step 7: Proceed to Resolution or Trial
What happens next depends on whether your divorce is contested or uncontested.
Uncontested Divorce (No Response or Agreement)
If your spouse does not respond, or if you reach an agreement on all issues, you can proceed with an uncontested divorce:
- Prepare a draft Divorce Judgment
- Complete a Request for Divorce (Form FL-7)
- Ensure all required documents are in order (including the Parenting After Separation certificate if applicable)
- Submit the package to the court for review
- If everything is in order, the judge signs the Divorce Judgment
Uncontested divorces can often be completed without a court appearance, through a desk application process.
Contested Divorce
If your spouse contests the divorce or you cannot agree on related issues, the process is more involved:
- Case Management Conference: Early meeting with a justice to identify issues and set a timetable
- Document exchange and financial disclosure
- Questioning (examinations for discovery)
- Mediation attempt (mandatory in many Alberta judicial centres)
- Pre-trial conference: Settlement attempt before a justice
- Trial: If settlement fails, a judge hears evidence and makes decisions
Step 8: Obtain Your Divorce Certificate
After the Divorce Judgment is signed, there is a 31-day appeal period before the divorce becomes final. Once this period passes without appeal:
- You can request a Certificate of Divorce from the court
- The Certificate of Divorce is proof that your marriage has ended
- You are legally free to remarry
Keep your Certificate of Divorce in a safe place. You may need it for various purposes, including remarriage, passport applications, or name changes.
Timeline: How Long Does Divorce Take?
The timeline varies significantly depending on your circumstances:
Uncontested Divorce
If you have already been separated for one year and agree on all issues, an uncontested divorce typically takes 3-6 months from filing to Certificate of Divorce.
Contested Divorce
Contested divorces can take 1-3 years or longer, depending on the complexity of issues, court schedules, and how long settlement takes. Most contested divorces settle before trial, but the process is still lengthy.
Minimum Timeline
Even under the best circumstances, divorce in Canada takes a minimum of about 4 months due to required waiting periods (one year separation, 31-day appeal period after judgment).
Costs of Divorce in Alberta
Divorce costs vary widely depending on complexity and whether you use a lawyer:
- Simple uncontested divorce (self-represented): $300-500 (court fees only)
- Uncontested divorce with lawyer: $1,500-3,500
- Contested divorce: $15,000-50,000+ per party (can be much higher in complex cases)
- Mediated divorce: $3,000-10,000 total (often split between parties)
Frequently Asked Questions
Can I file for divorce myself without a lawyer?
Yes, you can represent yourself (called being a self-represented litigant). For simple uncontested divorces without children or significant assets, this is feasible. For complex situations, legal advice is strongly recommended.
Do I need my spouse's agreement to get divorced?
No. In Canada, you do not need your spouse's consent to divorce. If you meet the legal requirements and follow proper procedure, the court will grant a divorce even if your spouse opposes it.
Can I get divorced online in Alberta?
Alberta has introduced some online filing options, but the process is not fully online. You can complete forms electronically and some documents can be filed online through the Alberta Court Services Online portal. Check current options with the court.
What if we reconcile during the divorce process?
If you reconcile for more than 90 days, the one-year separation clock restarts. Shorter reconciliation periods (under 90 days total) do not restart the clock. You can discontinue your divorce action at any time before the final judgment.
Does filing for divorce mean I cannot date?
No, you are legally allowed to date while your divorce is pending. However, be aware that a new relationship can complicate settlement negotiations, especially regarding spousal support. Also, introducing children to a new partner during divorce proceedings requires careful consideration.