How to File for Divorce in Alberta Step by Step

Ending a marriage legally in Alberta follows a set order. Knowing the order makes the paperwork feel less like a maze, whether your divorce is agreed or not.

This article walks through the usual sequence for a one-spouse divorce, with notes on joint applications and children. Court forms and filing methods change, so check the Court of King's Bench of Alberta website before you file.

This article covers the law of Alberta.

First, check that Alberta can hear your divorce

A court in a province can generally hear a divorce only if either spouse has been habitually resident in that province for at least one year immediately before the proceeding starts. There is an exception for spouses who were married in a Canadian province but do not live in Canada: if they have lived separate and apart for at least one year and both live in a state that will not grant a divorce because it does not recognize the marriage, the court of the province where they married may grant it, on a joint application or with the other spouse's consent or a specified court order. Otherwise, only one of you needs to meet the residence test. If neither of you has, you must wait.

The Court of King's Bench of Alberta has sole jurisdiction over divorce in Alberta. The Court of Justice and other Alberta courts cannot grant one.

Second, confirm the ground for divorce

The only ground is breakdown of the marriage. It is shown in only three ways: the spouses have lived separate and apart for at least one year, the respondent has committed adultery since the marriage, or the respondent has treated the other spouse with physical or mental cruelty that makes continued cohabitation intolerable. Most people rely on 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 are alternatives to the one-year separation, so neither needs a year of separation first. You can be separated while still living under one roof only if you are in fact living apart, which is a question of fact for the court. If you got back together for a period, or periods totalling, no more than ninety days with reconciliation as the main purpose, the separation period is not interrupted.

Third, prepare and file the forms

A one-spouse divorce starts with the Statement of Claim for Divorce, Form FL-01, under Rule 12.7. The uncontested package also includes a Request for Divorce (FL-21), an Affidavit of Applicant for Divorce (FL-23), an affidavit of service and a Divorce Judgment (FL-25). Every desk divorce package must include a Desk Divorce Package Checklist.

• A divorce with dependent children adds the Child Support Data Sheet, a Notice of Mandatory Seminar and a Divorce Judgment and Corollary Relief Order (FL-26).
• If you want family property divided, a different claim form is used: Form FL-03.
• The court fee page lists $310 for a Statement of Claim for Divorce, including a $10 registry fee, but confirm the current amount before you pay.

Self-represented parties are asked to attend a Court and Justice Services office to have a Statement of Claim for Divorce with Children reviewed before filing.

If you cannot afford court filing fees, Alberta has a fee waiver based on household income, and you apply at the court where you plan to file. The waiver page does not mention divorce specifically, and other costs may still apply, so confirm with the court registry that it covers your filing.

If you and your spouse agree, you can apply together. Alberta provides a Joint Statement of Claim for Divorce (Form FL-08) and other joint forms, and because you are both applicants, no service on a defendant is needed.

Fourth, serve your spouse

The claim must be served within one year after it is filed, though the Court can extend the time if you apply before that year ends. If it is not served in time, no further proceeding may be taken against a defendant who was not served.

The Court's instructions say you cannot serve the claim yourself. A third party must, and the Court strongly recommends a process server who will supply a sworn Affidavit of Service. If service is impractical, you can apply for substitutional service.

Fifth, wait for a response, then get the judgment

A spouse who wants to contest has 20 days to respond if served in Alberta, 1 month elsewhere in Canada and 2 months outside Canada. If there is no response, you use Noting in Default and the court decides the divorce on paper. If your spouse files a defence or counterclaim, it is no longer an uncontested desk divorce.

The divorce generally takes effect on the thirty-first day after the day the judgment is rendered. A court may make it take effect earlier if it finds special circumstances and the spouses agree and undertake that no appeal will be taken, and if an appeal is pending at the end of the 31 days, the divorce takes effect only once the time to appeal the appeal decision has run out, unless it is voided on appeal. In Alberta you then request the Certificate of Divorce through the online form on the court website.

What to do next

• Confirm your one-year residence and your ground for divorce.
• Decide whether you need property division or children's matters dealt with.
• Download the current forms from the Court's Divorce Forms page.
• Arrange a process server.
• Ask a lawyer if service, property or children's issues are unclear.

Frequently asked questions