Court Filing Fees for a Divorce in Alberta: What You Pay

If you are watching your budget, it helps to know what the court itself charges to start a divorce in Alberta and what else might come up along the way.

This article covers the filing fee, the fee waiver, and other likely costs. Fees change, so confirm current amounts with the Court or the Alberta government fee page before you pay.

This article covers the law of Alberta.

The commencement fee

The Alberta court fees page lists the commencement fee for a Statement of Claim for Divorce as $310. That amount includes the $10 fee to register with the Central Registry of Divorce Proceedings in Ottawa.

Fee schedules are updated from time to time, so check the current figure before you file.

The Court of King's Bench is the only Alberta court that can grant a divorce, so this is the court where you pay. Self-represented parties filing a Statement of Claim for Divorce with Children are asked to attend a Court and Justice Services office for review. After approval, they may file using Interac, Visa or Mastercard, and cash is paid at the Court of King's Bench after the review.

Can the fee be waived?

Alberta's fee waiver applies to people who cannot afford court filing fees. Eligibility depends on average household family income being below set thresholds. The page lists gross annual income of $35,188 for a household of 1, $43,807 for 2 and $53,857 for 3.

You complete the Application for Fee Waiver and Statement of Finances and submit it at the same court where you plan to file. Businesses and estates cannot have fees waived.

The fee waiver page does not mention divorce or the King's Bench specifically, and other costs such as search requests or photocopying may still apply even with a waiver. Thresholds are updated periodically, so ask the court registry whether a waiver applies to your divorce filing.

Other costs to plan for

• Service on your spouse: the Court's instructions say you cannot serve the claim yourself. A third party must, and the Court strongly recommends a process server who supplies a sworn Affidavit of Service. Process server charges vary, so ask for a quote.
• Substitutional service: if serving your spouse is impractical, you may need to apply to the Court for an order, which means more paperwork.
• Service outside Alberta or Canada: the affidavit has extra requirements, and the Court publishes separate instructions for service outside Canada under the Hague Service Convention.
• Property division: the uncontested divorce packages do not deal with property. A claim that includes dividing family property uses Form FL-03.
• Divorce Registry searches and the Certificate of Divorce: confirm any fee with the Court before you request them. You request the Certificate through the online form after the 31-day wait.

Ways to keep costs down

If you and your spouse agree, a joint divorce means both of you are applicants and no service on a defendant is needed, which removes the process server step. Joint divorce is for spouses who agree, and the forms are still split into with and without dependent children packages.

An uncontested divorce is generally simpler than a contested one. If your spouse files a Statement of Defence or a Counterclaim, the case is no longer an uncontested desk divorce. A contested case can bring costs the filing fee does not cover, so it is worth thinking about early.

What to do next

• Check the current commencement fee with the Court or the Alberta government fee page.
• Work out whether your household income might qualify for a fee waiver, and ask the registry if it applies to divorce.
• Get a quote from a process server, or consider a joint application if your spouse agrees.
• Note whether you will have children or property claims, since the forms differ.
• Keep receipts for every filing and service cost.
• Ask a lawyer if you are unsure which route is most practical for your situation.

Frequently asked questions