How to E-File Divorce Documents With Alberta's Court of King's Bench

Filing divorce paperwork does not always mean a trip to the courthouse. If your divorce is straightforward, you may be able to send your documents to the Court of King's Bench by email and avoid standing in line.

The Court is strict about how electronic documents are prepared. A set of documents that looks fine to you can be refused for the wrong file type or a wrong file name, so it helps to know the rules before you start.

This article covers the law of Alberta.

Which filing options are available

A divorce proceeding under the Divorce Act in Alberta starts when a Statement of Claim for Divorce (Form FL-1) is filed in the Court of King's Bench and then served. After that, other documents are filed as your case moves forward. Divorce documents may be filed with the Court by email.

There is also a Family and Divorce Filing Digital Service, but it is available to lawyers and legal assistants. It is not extended to self-represented litigants, who use the email or in-person routes. The Court's guide has separate instructions for a self-represented litigant, a lawyer or assistant with access to the digital service, and a lawyer without that access.

Format rules for emailed documents

The Court's guidelines set out technical requirements for every file you send. Documents that do not follow the procedures in the guide will not be accepted for filing. The main requirements are these:

• Use PDF format. The one exception is proposed orders for Justice and Family Chambers, which must be Word documents.
• Do not password protect the file.
• Make the PDF searchable by applying optical character recognition (OCR).
• Save each separate document as its own PDF.
• Keep each file no larger than 100MB.
• Add bookmarks where a document has attachments such as exhibits.
• Name each file following the Court's naming convention, or it will not be accepted for filing.

If you scan paper documents, check the scan before sending. A blurry or unsearchable scan is a common reason for trouble, so open the PDF and try selecting some text to confirm that it is searchable.

Subject lines and avoiding duplicates

The Court's email subject-line convention uses the area of court in capital letters, then the file number if you know it, then the type of document. For divorce, the listed area of court is DIVORCE FILING. Read the Court's current guide for the exact format and examples, because a subject line that does not match can cause your filing to be refused.

Choose one route per document. Do not send the same document both by email and in person, to avoid duplicate documents and fees.

What else the Court expects in your documents

Electronic filing does not change what your documents must contain. A few points that catch people out:

• The Court's uncontested forms cover only uncontested divorces where parenting, decision-making and support are settled. They do not deal with property division.
• Handwritten divorce judgments are not accepted at any Judicial Centre, and fillable PDF forms are provided.
• Every desk divorce package must include a Desk Divorce Package Checklist and copies of the relevant previously filed materials listed on it. Submissions without the Checklist are not accepted for processing.
• An unrepresented applicant for a desk divorce must provide a stamped addressed envelope, but the Court allows an email address on the checklist instead. The granted judgment is then emailed, with a paper copy only on request.

If you are self-represented and filing a Statement of Claim for Divorce with Children, the claim and all copies should be reviewed for accuracy by Court and Justice Services before filing. Once they confirm it is satisfactory, it can be filed with them by Interac, Visa or Mastercard, while cash is paid at the Court of King's Bench after the review. Because this review comes first, ask the Court how it applies if you plan to file the opening claim electronically.

What to do next

• Read the Court's current email filing guide and the divorce forms page, because forms and instructions are revised from time to time.
• Complete the fillable PDF forms on your computer rather than by hand.
• Make each document its own searchable, unprotected PDF under 100MB, with bookmarks for exhibits.
• Name the files and the email subject line exactly as the Court's convention requires.
• Fill in the Desk Divorce Package Checklist if you are applying for a desk divorce.
• Send by email or deliver in person, not both.
• Keep copies of everything you send, along with the sent email.

If you have children, property, a spouse who may contest the claim, or a spouse living abroad, talk to a lawyer before filing. The rules above are about format, and a correctly formatted filing still has to be right on substance.

Frequently asked questions