How to File Divorce Documents Electronically in Alberta Courts

If you are handling your own divorce, you may want to avoid a trip to the courthouse. In Alberta, email filing is available for divorce documents, but the Court is strict about how files are prepared.

This article explains the format rules, the subject-line convention, what is not available to you and some limits to keep in mind. It also walks through the documents you are likely to meet along the way and what happens after a desk divorce is filed.

This article covers the law of Alberta.

Can you file a divorce online?

Divorce documents may be filed with the Court of King's Bench by email. The Court has separate instructions for a self-represented litigant, a lawyer or assistant with FDS access, and a lawyer without FDS access.

The Family and Divorce Filing Digital Service is available to lawyers and legal assistants. It is not extended to self-represented litigants, who use the email or in-person routes.

Filing is only one step. A divorce proceeding 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 under Rule 12.55 of the Alberta Rules of Court. Serving the claim is separate from filing it, so sending documents to the Court by email does not replace service on your spouse.

File format rules

• Use PDF. Proposed orders for Justice and Family Chambers must be Word.
• Do not password protect the files.
• Make them searchable by applying OCR.
• Save each separate document as its own PDF.
• Keep each file no larger than 100MB.
• Bookmark documents that have attachments such as exhibits.
• Name files using the Court's naming convention.

Documents that do not follow the Court's procedures will not be accepted for filing.

The email subject line

The Court's subject-line format is the area of court in capitals, then the file number if known, then the type of document. For divorce, the area of court is listed as DIVORCE FILING. Check the Court's current guide for exact wording before sending.

Documents you may be filing

Which forms you need depends on whether the divorce is contested and on your family's situation. These are some of the forms the Court and the Alberta Rules of Court name.

A desk divorce means a judgment without any appearance by parties or counsel. It is available where both parties consent, where the defendant has not filed a defence or demand for notice and has been noted in default, where the Court orders it on application, or where a joint statement of claim was filed and no party has withdrawn. A self-represented person's consent must be accompanied by an affidavit of execution.

A judge reviewing a desk divorce may still direct an appearance, require further evidence or send the matter to a trial on oral evidence, so a hearing is required only if the Court orders it.

Limits and cautions

• Do not send the same document both by email and in person, to avoid duplicates and fees.
• Handwritten divorce judgments are not accepted at any Judicial Centre; fillable PDF forms are provided.
• If you are self-represented and filing a Statement of Claim for Divorce with Children, the Court asks that it and all copies be reviewed for accuracy by Court and Justice Services before filing.
• A desk divorce package must include the Desk Divorce Package Checklist, and submissions without it are not accepted for processing.
• The Court's uncontested forms cover only divorces where parenting, decision-making and support are settled, and do not deal with property division.
• If you have dependent children, Alberta.ca says you must take the Parenting After Separation course.

Forms and instructions are revised from time to time, so check that you have the current versions.

What to do next

• Download the current fillable forms from the Court's website.
• Scan or save each document as a separate, searchable, unprotected PDF.
• Bookmark any exhibits and check file sizes.
• Name each file and write the subject line as the Court's guide directs.
• Send each document once only, by one route.
• Ask a lawyer if you are unsure which forms fit your situation.

After the judgment, keep in mind that a divorce generally takes effect on the thirty-first day after the day the judgment is rendered, so it is not final on the date the judge signs. The court may fix an earlier effective date if it finds special circumstances and the spouses agree not to appeal or any appeal has been abandoned. If an appeal is pending, the divorce takes effect only when the time to appeal the appeal decision expires without a new appeal. If the case goes to the Supreme Court of Canada, the divorce takes effect on the day that court's judgment is rendered, unless the divorce is voided on appeal.

The Certificate of Divorce is not available until 31 days after the judgment is granted, and the Court asks you not to submit the request before then.

Where the Court emails you the granted judgment, an unrepresented applicant may give an email address on the checklist instead of a stamped, self-addressed envelope. How all of this applies to your case depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions