Divorce in Alberta follows the federal Divorce Act, but specific court procedures and filing requirements vary by province. If you are looking to start a divorce in Alberta, this guide outlines the key steps, required documents, costs, and timeline.
Who Can File for Divorce in Alberta?
To file for a divorce in Alberta, you must meet the following eligibility criteria:
Residency Requirement – At least one spouse must have lived in Alberta for at least one year before applying for divorce.
Grounds for Divorce – You must prove the marriage has broken down due to:
- One-year separation (most common).
- Adultery (requires proof).
- Cruelty (mental or physical abuse).
If you meet these conditions, you can proceed with filing for divorce through the Alberta Court of King’s Bench.
Step 1: Gather Required Documents
Before filing for divorce proceedings in Alberta, you must prepare and submit the required documents. Having everything in order prevents unnecessary delays and ensures a smooth process.
1. Alberta Divorce Application (Form FL-17)
- This form officially starts the divorce process in Alberta.
- If both spouses agree on all terms, they can file a joint divorce application, which simplifies the process.
- If the divorce is contested, only one spouse (the applicant) files the application, and the other spouse (the respondent) must be served.
2. Original Marriage Certificate
- A valid marriage certificate is required as proof of the marriage.
- If you were married in Alberta, you can request a copy through Vital Statistics Alberta.
- If you were married outside Canada, the certificate must be:
- Translated into English or French (if in another language).
- Notarized to confirm authenticity.
- If you lost your marriage certificate, you must apply for a replacement copy before proceeding with your divorce.
3. Financial Disclosure Forms (Form FL-17 or FL-23)
If your divorce involves spousal support, child support, or division of property, financial disclosure is mandatory. These forms include:
- Form FL-17 – Required for basic financial disclosure.
- Form FL-23 – Used for more complex cases, including detailed asset and debt division.
- Both spouses must submit pay stubs, tax returns, and asset statements to ensure a fair division.
4. Additional Documents That May Be Required
- Parenting Agreement (if children are involved).
- Spousal Support Agreement (if support is being requested).
- Affidavits or Court Orders (if prior agreements exist regarding custody or finances).
By preparing these documents in advance, you can avoid delays and move forward with your divorce proceedings efficiently.
Step 2: File Your Divorce Application
- Where to File – Divorce applications are submitted to the Alberta Court of King’s Bench in person or via e-filing where available.
- Filing Fees – The standard fee for filing a divorce in Alberta is $260, but additional court costs may apply for contested cases.
Once your application is processed, you will receive a court-stamped copy, which must be served to your spouse.
Step 3: Serve Divorce Papers
Once your divorce application has been filed, you must serve the divorce papers to your spouse. This step is crucial, as Alberta courts require proof that the respondent has been properly notified.
1. Who Can Serve Divorce Papers?
The applicant (person filing for divorce) cannot serve the papers themselves.
Papers must be delivered by:
- A process server (a professional hired to serve legal documents).
- Registered mail (with proof of receipt).
- A friend or family member over 18 (who is not involved in the case).
- A bailiff, if court assistance is needed.
2. What If My Spouse Lives Outside Alberta?
- If your spouse lives in another province or country, service must comply with both Alberta law and the laws of the recipient’s location.
- Additional steps, such as international process serving or legal verification, may be required.
3. What If My Spouse Refuses to Accept the Papers?
If your spouse avoids or refuses service, you can apply for substituted service through the court. This allows alternative methods, such as:
- Email or social media service (if approved by a judge).
- Workplace delivery (if your spouse is unreachable at home).
- Newspaper publication (if their location is unknown).
4. Proof of Service
Once the papers have been served, the person who delivered them must sign a Sworn Affidavit of Service (Form FL-18) confirming when and how the documents were delivered. This affidavit is then filed with the court to proceed with the divorce.
Properly serving your spouse is a mandatory step in the divorce process. Failure to provide proof of service can result in court delays or even case dismissal.
Step 4: Wait for a Response
Once served, your spouse has 30 days (if in Canada) or 60 days (if outside Canada) to respond.
- Uncontested Divorce – If no response is filed, the divorce moves forward automatically.
- Contested Divorce – If your spouse disagrees, they must file a response, leading to negotiations, mediation, or court hearings.
If no settlement is reached, a judge will make a final decision.
How Long Does It Take in Alberta?
- Uncontested Divorce (4-6 Months) – If both spouses agree, the process is fast. Once approved, there is a 31-day waiting period before the divorce is final.
- Contested Divorce (1+ Year) – If spouses disagree on custody, support, or assets, it can take over a year due to court delays and required hearings.
The fastest way to get a divorce in Alberta is by filing a joint divorce with no disputes.
How Much Does It Cost to File for Divorce in Alberta?
| Type of Divorce | Filing Fees | Additional Costs |
|---|---|---|
| Uncontested Divorce | $260 | Mediation or lawyer fees (if needed) |
| Contested Divorce | $260 + court fees | Legal representation, financial disclosure |
Legal aid may be available for low-income individuals seeking family lawyers in Alberta.
Find a Divorce Lawyer in Alberta
If you are looking to start a divorce in Alberta, having the right family lawyer is crucial. Lawyer Connect can match you with an experienced divorce lawyer in Alberta within 24h, helping you navigate the process smoothly.