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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