What is a joint divorce application in Alberta and how does it work?
This answer covers the law of Alberta.
Yes. If you and your spouse agree that the marriage is over, you can apply for a divorce together in the Court of King's Bench of Alberta instead of one of you suing the other. The Divorce Act lets either or both spouses apply, on the single ground that the marriage has broken down.
Alberta provides joint forms, including a Joint Statement of Claim for Divorce (Form FL-08), a Joint Request for Divorce (Form FL-22) and a Joint Affidavit of Applicants for Divorce (Form FL-24). Both of you are applicants and sign the joint documents, so no one has to be served as a defendant. A one-spouse divorce instead starts with a Statement of Claim for Divorce (Form FL-01). The usual tests still apply: one of you must have been habitually resident in Alberta for at least one year, and the breakdown must be established, most often by one year of living separate and apart.
Joint divorce is for spouses who agree, and the joint forms differ with and without dependent children. With children, you also need a Child Support Data Sheet and Notice of Mandatory Seminar. Dividing property uses a different claim form, so confirm what fits with a lawyer.
Key takeaways
- Spouses who agree can apply together, because the Divorce Act allows an application by either or both spouses.
- Both of you sign the joint documents as applicants, so no one is served as a defendant.
- One of you must still meet the one-year Alberta residence test, and the marriage breakdown must still be established.
- Joint packages differ with and without dependent children, and dividing property uses a different claim form.