Filing for Divorce in Alberta Without a Lawyer

If you and your spouse agree on the big questions, you may wonder whether you need a lawyer at all. Alberta's court publishes forms and instructions for people who file on their own.

This article explains what a simple, agreed divorce usually involves and where problems tend to appear. It is general information, not advice on your situation.

This article covers the law of Alberta.

Is a joint or one-spouse application better when you agree?

A divorce application can be made by either or both spouses. In a joint divorce both of you are applicants and sign the joint documents, so no service on a defendant is needed. The Court's joint forms include a Joint Statement of Claim for Divorce (FL-08), a Joint Request for Divorce (FL-22) and a Joint Affidavit of Applicants (FL-24).

If your spouse will not take part, you can start a one-spouse divorce with a Statement of Claim for Divorce (FL-01).

Residency and grounds for divorce

As a general rule, a court in a province can hear a divorce only if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts. There is a narrow exception for spouses who were married in a Canadian province but do not live in Canada, and who both live in a state that will not grant a divorce because it does not recognize the marriage. If they have lived separate and apart for at least one year, they may get a divorce from the court of the province where they married. Only one of you needs to meet the residence test. In plain words, it means Alberta has been your real home for that year. If you are asking only for support or parenting orders after a divorce, a different test applies: either former spouse is habitually resident in Alberta when the proceeding starts, or both accept the court's jurisdiction.

The single ground for divorce is breakdown of the marriage. It is established in only three ways: you have lived separate and apart for at least one year, your spouse has committed adultery, or your spouse has treated you with physical or mental cruelty that makes living together intolerable.

If you rely on one year of separation, you can start the divorce before the year is up, but you cannot ask for the Divorce Judgment until the year has passed. Adultery and cruelty do not need a year of separation first, but for adultery your spouse must in most cases be willing to sign an affidavit admitting it. You can be separated under one roof only if you are in fact living apart. Resuming life together for no more than ninety days in total, with reconciliation as the main purpose, does not interrupt the separation period.

Forms you will likely need

Every desk divorce package must include a Desk Divorce Package Checklist. Forms get revised, so use the current versions from the Court's website.

Where doing it alone gets harder

• Property. The uncontested packages do not deal with property division, and a claim including it uses Form FL-03.
• Children. The court must be satisfied that reasonable arrangements have been made for the children's support.
• Service. In a one-spouse divorce a third party must serve your spouse, and a process server is strongly recommended.
• Your spouse responds. A defence or counterclaim means the case is no longer an uncontested desk divorce.

A statement of claim must be served on the defendant within one year after it is filed, and the Court can extend that time if you apply before the year ends. If it is not served in time, no further proceeding may be taken against a defendant who was not served in time. The Rules allow service on an individual by leaving the document with them or by sending it by recorded mail. The Court's instructions say you cannot serve the Statement of Claim yourself: a third party must do it, and the Court strongly recommends hiring a process server, who will supply a sworn Affidavit of Service. Which method fits your case is worth confirming with the Court or a lawyer. Service is proved by an affidavit giving the date, place and method of service, or by a written acknowledgment from the person served. If service is impractical, the Court may order substitutional service on application.

A spouse who is served and wants to contest has 20 days to respond if served in Alberta, 1 month if served elsewhere in Canada, and 2 months if served outside Canada. A spouse who contests nothing need not respond and will receive a copy of the Divorce Judgment by mail.

Filing and costs

Self-represented parties are asked to attend a Court and Justice Services office to have a Statement of Claim for Divorce with Children reviewed. After approval, you may file using Interac, Visa or Mastercard. The court fee page lists $310 for the claim, including a $10 registry fee, but confirm the current amount.

If you cannot afford the fees, Alberta has a fee waiver based on household income, using the Application for Fee Waiver and Statement of Finances. The waiver page does not mention divorce, so confirm with the registry that it applies, and other costs may still apply. Filing methods may also be changing, so check them first.

A divorce takes effect on the thirty-first day after the judgment is rendered, unless an appeal is pending at the end of those 31 days. In that case it takes effect only once the time to appeal the appeal decision has run out, unless it is voided on appeal. A court can make it take effect sooner only if it finds special circumstances and the spouses agree and undertake that no appeal will be taken, or that any appeal has been abandoned. In Alberta, after the Divorce Judgment is signed, you wait 31 days and then request the Certificate of Divorce through the online request form on the Court of King's Bench website.

What to do next

• Confirm that one of you has lived in Alberta for a full year before filing.
• Agree on parenting, support and property before you start.
• Choose a joint or one-spouse package.
• Get the current forms and checklist from the Court.
• See a lawyer if property, children or service become complicated.

Frequently asked questions