Divorcing With Children in Alberta: What Extra Forms and Steps Does the Court Require?
This answer covers the law of Alberta.
A divorce with dependent children in Alberta follows the same basic path as one without, but the court requires extra documents and must be satisfied about the children's support before granting it. The documents add the Child Support Data Sheet and a Notice of Mandatory Seminar. The judgment becomes the Divorce Judgment and Corollary Relief Order (Form FL-26) rather than the Divorce Judgment (Form FL-25).
Under s. 11(1)(b) of the Divorce Act, the court must be satisfied that reasonable arrangements have been made for the children's support. The Court's uncontested packages are meant for cases where parenting and support have already been settled, and they do not deal with property division. A joint divorce with children needs the same Child Support Data Sheet and Notice of Mandatory Seminar, and also ends with Form FL-26.
If you are representing yourself, you are asked to attend a Court and Justice Services office to have the Statement of Claim for Divorce with Children reviewed. Only the Court of King's Bench of Alberta can grant a divorce, and it also handles child and spousal support and parenting matters. How any existing parenting or contact order fits with your divorce depends on your situation, so it is worth confirming with a lawyer.
Key takeaways
- A divorce with dependent children adds the Child Support Data Sheet and a Notice of Mandatory Seminar to the documents you file.
- The judgment is the Divorce Judgment and Corollary Relief Order (Form FL-26), not the plain Divorce Judgment (Form FL-25).
- The court must be satisfied that reasonable arrangements have been made for the children's support before it grants the divorce.
- Self-represented parties are asked to attend a Court and Justice Services office to have the Statement of Claim for Divorce with Children reviewed.