- An Alberta court can hear a divorce if either spouse has been habitually resident in Alberta for at least one year before the proceeding starts.
- The divorce claim must be served on your spouse personally, not on their lawyer, unless the Court orders otherwise.
- A spouse served outside Canada has 2 months to respond.
Many people in Alberta have a spouse who lives in another country. You may wonder whether Alberta can grant the divorce at all, and how your spouse will even receive the papers.
This article walks through the main Divorce Act rules on where you can file, what you must prove, how service abroad works in general, and why timing can be hard to predict.
This article covers the law of Alberta.
Can an Alberta court hear your divorce?
Under the Divorce Act, a court in a province can hear a divorce if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts. This applies whether the marriage took place in Canada or abroad, and whether the other spouse lives in Alberta or abroad.
Alberta.ca says the same for a marriage outside Canada: you can file in Alberta if you or your spouse has lived in Alberta for one year. So you do not need your spouse to live here. One of you needs the one-year connection.
If divorce proceedings are started in two provinces on different days and both courts have jurisdiction, the court where the proceeding began first has exclusive jurisdiction.
Grounds and timing
The only ground for divorce is the breakdown of the marriage. It is shown by living separate and apart for at least one year immediately before the divorce is decided, or by adultery or cruelty that makes continued living together intolerable.
You can start the action before the year of separation has passed, but judgment cannot be given until the spouses have lived apart for a year. A separation is not interrupted if you resume living together for not more than 90 days in total with reconciliation as the main purpose.
Starting the claim and serving your spouse abroad
A divorce under the Divorce Act in Alberta starts by filing a Statement of Claim for Divorce in Form FL-1 in the Court of King's Bench and serving it. The claim must be served by leaving a copy with the individual, not their lawyer, unless the Court orders otherwise. The person who serves must be someone other than you.
Proof of service must include a picture of the individual served, unless the Court orders otherwise. The usual real and substantial connection rule in Part 11 does not apply to service of a divorce claim.
The Alberta Rules of Court also have Part 11 rules on service outside Alberta and on service in a country that is a party to the Hague Convention. Which rules and steps apply depends on the country where your spouse lives, so confirm the method before you arrange service.
How long your spouse has to respond
The response time runs from service of the Statement of Claim.
| Where your spouse is served | Time to respond |
|---|---|
| In Alberta | 20 days |
| Outside Alberta but in Canada | One month |
| Outside Canada | 2 months |
A spouse who opposes files a Statement of Defence (FL-4). A spouse who only wants notice of hearings files a Demand for Notice. A spouse who wants their own relief files a counterclaim.
If no defence or demand for notice is filed, you may, with an affidavit of service, ask the clerk to note the defendant in default. A noted default can lead to a desk divorce application.
How long can it take?
There is no reliable single timeline. The one-year separation requirement, arranging service in another country, the response period of up to 2 months and the Court's review all affect it. How long service abroad takes depends on the country and method, and it is worth asking a lawyer about your spouse's location early.
If you have dependent children, Alberta.ca says you must take the Parenting After Separation course. The court must also be satisfied that reasonable child support arrangements exist.
One special case: non-resident spouses married in Alberta who live where their Alberta marriage is not recognized may apply under the Civil Marriage Act process. The Court can grant only a divorce judgment, with no support or parenting orders.
What to do next
- Confirm that you or your spouse has lived in Alberta for at least one year.
- Find your spouse's current address and the country they live in.
- Choose someone other than yourself to serve the claim, and plan to get a photo for the proof of service.
- Note the response deadline that applies to where your spouse will be served.
- Speak with a lawyer about service in that country, children, support and property.
Frequently asked questions
Do I have to live in Alberta for a year?
Either you or your spouse must have been habitually resident in Alberta for at least one year immediately before the proceeding starts. It does not matter whether your spouse lives abroad.
Can I serve my spouse's lawyer instead?
Generally no. A divorce claim must be served by leaving a copy with the individual, not their lawyer, unless the Court orders otherwise.
What if my spouse never responds?
If no defence or demand for notice is filed, you may file an affidavit of service and ask the clerk to note the defendant in default. That can open the way to a desk divorce.
Can I file before we have been separated a year?
Yes, you can start the action early, but judgment cannot be given until the spouses have lived apart for a year.
Sources
- Divorce Act, s. 3(1) — Justice Laws (federal)
- Divorce Act, s. 3(2) — Justice Laws (federal)
- Divorce Act, s. 8 — Justice Laws (federal)
- Alberta.ca – Get a divorce — alberta.ca
- Alberta Rules of Court, Alta Reg 124/2010, r. 12.7 — kings-printer.alberta.ca
- Divorce Act, s. 11(1) — Justice Laws (federal)
- Court of King's Bench – Divorce under the Civil Marriage Act — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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