Alberta

Divorce Process in Alberta

12 min read
Updated

Grounds for Divorce

Like all Canadian provinces, Alberta recognizes three grounds for divorce under the federal Divorce Act: one year of separation (most common), adultery, or mental/physical cruelty. The one-year separation period can begin before you file, and you can live in the same home during separation if you've lived 'separate and apart.'

Residency Requirements

Either you or your spouse must have lived in Alberta for at least one year before filing for divorce. You'll file with the Court of King's Bench in the judicial district where either of you lives.

The Filing Process

Alberta divorces begin with a Statement of Claim for Divorce. If your spouse agrees to everything, you may qualify for a desk divorce (no court appearance). Contested matters require applications, affidavits, and potentially a trial.

Timeline and Costs

Uncontested desk divorces can be completed in 3-4 months. Contested divorces take 12-24 months or longer. Court filing fees start around $260, with additional costs for certificates and service.

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