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Get a divorce

A divorce legally ends a marriage. If you are not legally married, you do not need to get divorced.

There are different processes to apply for a divorce, depending on whether you and the other person agree on the terms of the divorce. For example, a joint divorce is for couples who have already made final and complete decisions about parenting and support. A contested divorce is for couples who cannot agree, or haven’t yet agreed, on one or more of these issues.

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    Need to know

    • The process you follow depends on whether you and the other person have already agreed on the divorce, child support, spousal support and parenting.
    • The court will not grant a divorce until you have dealt with support and parenting, all known as corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues., unless you get an order to sever the corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. issues from the divorce itself.
    • A joint divorce is for couples who have resolved issues about support and parenting and work together to file for divorce.
    • An uncontested divorce is where one spouse files for divorce and the other spouse either agrees or chooses not to contest the divorce.
    • A contested divorce is for couples who cannot agree on support and/or parenting, or whether there can or should be a divorce.

    Get started

    Learn the basics about what to do when your relationship ends before you file for divorce.

    Then, there are a few other things you should know as you start the divorce process.

    Check you meet the criteria to file for divorce

    To get a divorce in Alberta, you must meet all the following criteria:

    • You and your spouse are legally married according to either the laws of Canada or according to the laws of another country whose marriages Canada recognizes. If you are not sure if Canada recognizes your marriage, get legal support.
    • Your marriage has broken down.
    • You or your spouse have lived in Alberta for at least a year before you file for divorce in this province.

    If you or your spouse have not lived in Alberta for at least a year, you may have to wait to file for divorce until the one-year anniversary of living here. Or talk to a lawyer to figure out if you could file in the province or territory you previously lived in.

    Gather the necessary documents

    To file for divorce, you need:

    • the original marriage certificate
    • if you made one, an original or copy of a separation agreement, prenuptial agreement or post-nuptial agreementpost-nuptial agreement An agreement signed by a married couple who plan to separate. It says how they will divide their property, who will pay support, and the parenting plan and decision-making authority for their children. between you and the other person
    • copies of any current court orders related to your separation, including about parenting, child support, spousal support or dividing property

    If you cannot find your original marriage certificate, you can order one from the province, state or country that issued it. If you got married in Alberta, apply to Alberta Vital Statistics for a copy.

    If your marriage certificate is in a language other than French or English, you will need to get a certified translation. Keep the original as you need to include both the original and the translation with your divorce forms.

    Hot tip

    When you file for divorce, you and other person’s names on your court documents must match your names as they are on the marriage certificate. If you’ve changed your name, do not use your current legal name. For example, if your marriage certificate lists your maiden name, you must use that name on your court documents.

    Try to deal with corollary relief and property

    Corollary relief refers to child support, spousal support, parenting time and decision-making responsibilities for children. You can file for divorce without resolving these issues. However, the court will not grant a divorce until it is satisfied you have resolved them or after it grants an order to sever the divorce from the corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. issues. The court usually won’t grant this severance order until you have sufficient interim parenting and support arrangements in place.

    You can deal with dividing your property before, during or after you get a divorce. The deadline, or limitation periodlimitation period The time a person has to start a lawsuit once the legal issue arises. In Alberta, the limitation period is usually two years but can be longer or shorter depending on the legal issue., to file a claim to divide your property is two years from the date the court grants your divorce. You can also file a claim to divide your property in the same document in which you file for divorce.

    Before you file for divorce, think about whether you and the other person could try to work out these issues and make a separation agreement. If you cannot communicate well with each other, you can also get help from a professional.

    Remember, the divorce itself is often the easy part – the finishing touch once all these other issues are resolved. The hard part is dealing with these other issues.

    Myth busters

    Some people believe they must be separated for one year before filing for divorce.

    This is not true. If your reason for divorce is not adulteryadultery When a married person has a romantic or sexual relationship with someone other than their spouse. or crueltycruelty Being mean or harmful on purpose, often causing pain, suffering or distress to others., you can file your divorce at any time after you separate even though the court will not grant the divorce until the year is up.

    If you think the other person will contest the terms of the divorce, it is a good idea to file for divorce as soon as possible to start dealing with these issues. The court will not grant a divorce until support and parenting issues are resolved, unless you ask the court to sever the divorce from the corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. issues.

    Decide which divorce process to follow

    The divorce process you follow depends on how you and the other person can work together or agree on things like corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues..

    If you have dealt with corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues., you can file a joint divorce. It can be an option if you have signed a separation agreement, prenuptial agreement or post-nuptial agreementpost-nuptial agreement An agreement signed by a married couple who plan to separate. It says how they will divide their property, who will pay support, and the parenting plan and decision-making authority for their children. that resolves all issues between you. It can also be an option if you and the other person can resolve these issues without going to court, either yourselves or with the help of a professional.

    An uncontested divorce is where one of you files for divorce and the other either agrees to the divorce and corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. terms or chooses not to respond to the divorce. The court can then grant a divorce based on only the plaintiffplaintiff The person who files a Statement of Claim with the court.’s court documents.

    A contested divorce is where you and the other person do not agree on the terms of your divorce. If you and the other person come to an agreement on the terms of your divorce after you file court documents, the court can grant an uncontested divorce instead.

    Joint divorces and uncontested divorces are known as desk divorces or desk applications because you do not have to attend court to get divorced. Once you file your forms at the courthouse, a justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. will look over them in their office. If they approve of how you have resolved everything, they will grant a divorce judgment. If the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. does not approve of how you have resolved everything, they will not grant a divorce judgment. You will have to make the necessary changes and then refile your forms.

    Reasons why the justice will not approve your divorce include:

    • you have not made a parenting plan for your dependent childrendependent children Children under the age of 18 years or children 18 years or older who are not financially independent. An adult child may not be financially independent because they are studying full-time or have injuries, disabilities or medical conditions.
    • you have not calculated child support or are proposing an amount of child support that is lower than the Federal Child Support Guidelines without detailed and good reasons for why
    • you have not addressed spousal support, including giving reasons why you think no one should pay or receive it

    Getting help with your divorce

    Many services advertise as being able to help with divorces. They may call themselves divorce coaches, mediators or paralegals. If you are thinking about using one of these services, ask lots of questions about the person’s training and education. There are no regulations about who can call themselves coaches, mediators or paralegals.

    In Alberta, only a lawyer who is regulated by the Law Society of Alberta can give you legal advice about your divorce.

    Joint divorce process

    You can file a joint divorce claim if you and the other person agree on all the terms of the divorce, including child support, spousal support and how to parent your children. This is a good option if you have a signed separation agreement, prenuptial agreement or post-nuptial agreementpost-nuptial agreement An agreement signed by a married couple who plan to separate. It says how they will divide their property, who will pay support, and the parenting plan and decision-making authority for their children. that resolves all issues.

    In this process, you and the other person work together to file for divorce. You file a joint Statement of Claim for Divorce.

    The steps below are an overview only. You may have to take more steps in your situation.

    1. Read the relevant instruction booklet from the court:
    2. Complete the following forms:
    3. If you have children, you must also:
    4. Fill out a joint divorce judgement form, which you can find on the Alberta Courts’ website under the two Joint Divorce headings (depending on whether you have children). Leave blank the sections for the judgment date, location of adjudication, name of justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. and justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta.’s signature.
      • If you are asking for corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues.: Joint Divorce Judgment and Corollary Relief Order (without oral evidenceoral evidence Evidence given by speaking under oath at a questioning, hearing or trial. Sometimes it is called oral testimony or viva voce (Latin for “word of mouth”) evidence.)
      • If you are not asking for corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues.: Joint Divorce Judgment (without oral evidenceoral evidence Evidence given by speaking under oath at a questioning, hearing or trial. Sometimes it is called oral testimony or viva voce (Latin for “word of mouth”) evidence.)
    5. Make three copies of the forms: one for you, one for the other person and one for the court.
    6. File your completed forms at the Court of King’s Bench location closest to you. The court clerk will assign you a new file number for your divorce claim even if you’ve filed other court documents in either the Court of Justice or the Court of King’s Bench.
    7. Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
    8. Wait to hear from the court about whether the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. granted your divorce judgment.
    9. If the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. grants your divorce, follow the instructions on the Court of King’s Bench website to request a certificate of divorce. If the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. doesn’t grant your divorce, follow their instructions to update and refile your forms.

    How to deal with your assets and debts

    When you file a joint divorce, you have two options for dealing with your assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans.:

    1. Make an agreement to divide your property without going to court.
    2. Start a separate claim to divide your property. The deadline, or limitation periodlimitation period The time a person has to start a lawsuit once the legal issue arises. In Alberta, the limitation period is usually two years but can be longer or shorter depending on the legal issue., to file a claim to divide your property is two years from the date the court grants your divorce. You can also apply anytime before then, including while you’re still married.

    If you change your mind about using the joint divorce process

    If you file for a joint divorce with your spouse and then change your mind about using this process, you can turn the divorce into an uncontested or contested divorce.

    To stop the joint divorce, complete and file a Notice of Withdrawal – Joint Divorce Proceedings. Find the form on the Alberta Courts’ website.

    At the same time you file your Notice of Withdrawal – Joint Divorce Proceedings, you must take one of the following actions:

    1. If you don’t want to oppose a claim in the Joint Statement of Claim for Divorce but want to receive notice of any hearings in the case, file a Demand for Notice. Find the form on the Alberta Courts’ website.
    2. If you want to oppose a claim in the Joint Statement of Claim for Divorce, file a Statement of Defence. You can also choose to file a Counterclaim for Divorce if you want to make one or more new claims against your spouse. Follow the steps on how to respond to the plaintiffplaintiff The person who files a Statement of Claim with the court.’s statement of claim under the “Uncontested or contested divorce process” heading below.

    Once you file a Notice of Withdrawal – Joint Divorce Proceedings and one or more of the documents listed above, you have 20 days to serve a copy on the other person.

    Uncontested or contested divorce process

    If you and the other person do not agree to file a joint divorce, then only one of you will file for divorce to start the process. The person who files for divorce is the plaintiffplaintiff The person who files a Statement of Claim with the court.. The other person is the defendantdefendant The person who responds to the plaintiff’s Statement of Claim..

    The divorce can be uncontested or contested, depending on if and how the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. responds.

    • Before or after the plaintiffplaintiff The person who files a Statement of Claim with the court. files for divorce, the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. can agree not to contest it. This means they do not have to file their own court documents. However, unless the plaintiffplaintiff The person who files a Statement of Claim with the court. notes the person in default, the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. must sign the divorce judgment before the plaintiffplaintiff The person who files a Statement of Claim with the court. files it to show they consent to the terms of the divorce. Whether the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. is noted in default or signs to agree to the divorce judgement, this is an uncontested divorce.
    • The defendantdefendant The person who responds to the plaintiff’s Statement of Claim. can choose to respond to the plaintiffplaintiff The person who files a Statement of Claim with the court.’s statement of claim because they do not agree with the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims, including about child support, spousal support and parenting. The defendantdefendant The person who responds to the plaintiff’s Statement of Claim. must file their own court documents. For the court to grant a divorce, the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. must still sign the divorce judgment before the plaintiffplaintiff The person who files a Statement of Claim with the court. files it. This is a contested divorce.

    You can file for divorce at any time. The court will not grant it until all corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. issues are resolved, either by an agreement or court order, unless you ask the court to sever the divorce from the corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. issues.

    If you want the court to make an order about corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues. issues before granting a divorce, you must apply for a court order. This is known as an applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues., which is a court hearing where the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. can grant an order. It is a separate process from getting a divorce. Either person can ask the court for an order. Learn more on the Get or respond to a court order page.

    If you are the plaintiff

    Follow the steps below, depending on what part of the process you are in. These steps are an overview only. You may have to take more steps in your situation.

    1. Read the relevant instruction booklet from the court:
    2. Complete the right statement of claim. Find these forms on the Alberta Courts’ website.
      • If you are filing for divorce and starting a claim to divide property: Statement of Claim for Divorce and Division of Family Property
      • If you are only filing for divorce: Statement of Claim for Divorce
    3. If you have children, you must also file a certificate of completion for Parenting After Separation. You can file this later, but it is a good idea to file it as soon as possible in case you need to ask the court for an order about parenting before the court grants your divorce.
    4. Make three copies of the forms: one for you, one for the court and one for the defendantdefendant The person who responds to the plaintiff’s Statement of Claim..
    5. File your completed statement of claim at the Court of King’s Bench location closest to you. The court clerk will assign you a new file number for your divorce claim even if you’ve filed other court documents in either the Court of Justice or the Court of King’s Bench.
    6. Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
    7. Arrange for someone to serve a copy of your filed statement of claim on the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.. You have one year from the date you file the claim to serve it. Complete and have the person who served your claim swearswear To promise something is true before God. For example, to swear an affidavit means to promise before God that its contents are true. an Affidavit of Service of Statement of Claim for Divorce (No Children) or Affidavit of Service – Divorce (if you have children) to prove you served the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. in time. Find these forms on the Alberta Courts’ website. Then file the affidavit at the same courthouse using the same file number as on your Statement of Claim.
    8. Wait to see if the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. responds to your court documents. The defendantdefendant The person who responds to the plaintiff’s Statement of Claim. has a deadline to file and serve their statement of defence depending on where they are served:
      • 20 days, if they are served in Alberta
      • 1 month, if they are served outside of Alberta but in Canada
      • 2 months, if they are served outside of Canada

    You can note the person in defaultnote in default Direction from the court to continue a court proceeding based on one party’s documents even though the other party has not responded to the proceeding. The party can ask the court to note the other party in default after proving they properly served the other party with the court documents.. Complete and file a Noting in Default form. Find this form on the Alberta Courts’ website. Then, follow the steps below to keep the divorce moving.

    If the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. asks you for more time to file their court documents without noting them in default, it is a good idea to agree to a reasonable extension.

    1. You will get copies of the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.’s filed court forms.
    2. If the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. files a counterclaim to bring up new issues that you did not mention in your Statement of Claim, you can respond. Complete and file your own Statement of Defence. Note the deadline for doing so. If you do not respond in time, the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. can note you in defaultnote in default Direction from the court to continue a court proceeding based on one party’s documents even though the other party has not responded to the proceeding. The party can ask the court to note the other party in default after proving they properly served the other party with the court documents.. You are the plaintiffplaintiff The person who files a Statement of Claim with the court. for the original claims you made and the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.-by-counterclaim for the defendantdefendant The person who responds to the plaintiff’s Statement of Claim.’s claims in the counterclaim.
    3. File your new forms at the same courthouse using the same file number as on your Statement of Claim. Serve the documents on the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. and complete and file another Affidavit of Service to prove you did this.
    4. Work with the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. to agree on the terms of the divorce judgment, either yourselves or with the help of a professional. Once you have come to an agreement, follow the steps below to keep the divorce moving.

    You can keep the divorce moving once one of the following happens:

    • You’ve noted the person in default because the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. didn’t respond in time.
    • After the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. filed a statement of defence and, if they chose, a counterclaim, the two of you have come to an agreement on the terms of the divorce judgment.

    Then, follow the steps below.

    1. Complete the following forms, which you can find on the Alberta Courts’ website:
      • Request for Divorce (without oral evidenceoral evidence Evidence given by speaking under oath at a questioning, hearing or trial. Sometimes it is called oral testimony or viva voce (Latin for “word of mouth”) evidence.)
      • Affidavit of Applicant for Divorce
    2. If you have children, you must also complete the Child Support Data Sheet (if you are representing yourself). If you have not yet filed a certificate of completion for Parenting After Separation, you must do so now as well.
    3. Fill out a divorce judgement form, which you can also find on the Alberta Courts’ website. If you have noted the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. in default, they do not have to sign the divorce judgment. Otherwise, they must sign it before you can file it. Leave blank the sections for the judgment date, location of adjudication, name of justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. and justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta.’s signature.
      • If you are asking for corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues.: Divorce Judgment and Corollary Relief Order (without oral evidenceoral evidence Evidence given by speaking under oath at a questioning, hearing or trial. Sometimes it is called oral testimony or viva voce (Latin for “word of mouth”) evidence.)
      • If you are not asking for corollary reliefcorollary relief A term used in divorce proceedings to describe claims for child support, spousal support, parenting time and decision-making responsibility. The court will not grant a divorce until the parents have dealt with these issues.: Divorce Judgment (without oral evidenceoral evidence Evidence given by speaking under oath at a questioning, hearing or trial. Sometimes it is called oral testimony or viva voce (Latin for “word of mouth”) evidence.)
    4. File your documents at the same courthouse and using the same file number as are on your statement of claim.
    5. Wait to hear from the court about whether the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. granted your divorce judgment.
    6. If the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. grants your divorce, follow the instructions on the Court of King’s Bench website to request a certificate of divorce. If the justicejustice The title for judges in both the Alberta Court of Justice and the Court of King’s Bench of Alberta. doesn’t grant your divorce, follow their instructions about what to do next.

    If you are the defendant

    You have four options once you receive a filed Statement of Claim from the plaintiffplaintiff The person who files a Statement of Claim with the court.:

    1. You can consent to the divorce by signing the divorce judgment when the plaintiffplaintiff The person who files a Statement of Claim with the court. asks you to.
    2. You can not respond at all and force the plaintiffplaintiff The person who files a Statement of Claim with the court. to note you in defaultnote in default Direction from the court to continue a court proceeding based on one party’s documents even though the other party has not responded to the proceeding. The party can ask the court to note the other party in default after proving they properly served the other party with the court documents. to keep the divorce moving.
    3. You can file and serve a Demand for Notice if you don’t oppose the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims but want to get notice of any hearings in the case. Note the deadline below. Find the form on the Alberta Courts’ website.
    4. You can file and serve a Statement of Defence to oppose the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims. You can also choose to file and serve a Counterclaim to raise your own claims. Note the deadline below. Follow the steps below on how to respond to the plaintiffplaintiff The person who files a Statement of Claim with the court.’s statement of claim.

    Note the deadline to file and serve your Demand for Notice, Statement of Defence or Counterclaim, depending on where you were served with the plaintiffplaintiff The person who files a Statement of Claim with the court.’s statement of claim:

    • 20 days, if you are served in Alberta
    • 1 month, if you are served outside of Alberta but in Canada
    • 2 months, if you are served outside of Canada

    If you do not file your documents in time, the plaintiffplaintiff The person who files a Statement of Claim with the court. can note you in defaultnote in default Direction from the court to continue a court proceeding based on one party’s documents even though the other party has not responded to the proceeding. The party can ask the court to note the other party in default after proving they properly served the other party with the court documents.. However, if you need more time to file your documents, you can ask the plaintiffplaintiff The person who files a Statement of Claim with the court. to give you more time without them noting you in default.

    The steps below are an overview only. You may have to take more steps in your situation.

    1. Complete a Statement of Defence to respond to the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims.
    2. If you want to bring up new claims the plaintiffplaintiff The person who files a Statement of Claim with the court. did not mention in their Statement of Claim, you can make a counterclaim. You are the defendantdefendant The person who responds to the plaintiff’s Statement of Claim. for the plaintiffplaintiff The person who files a Statement of Claim with the court.’s claims and the plaintiffplaintiff The person who files a Statement of Claim with the court.-by-counterclaim for the claims you make in the counterclaim.
    3. If you have children, you must also file a certificate of completion for Parenting After Separation. You can file this later, but it is a good idea to file it as soon as possible in case you need to ask the court for an order about parenting before the court grants your divorce.
    4. Make three copies of your forms: one for you, one for the court and one for the plaintiffplaintiff The person who files a Statement of Claim with the court..
    5. File your forms at the same courthouse and using the same court file number as on the plaintiffplaintiff The person who files a Statement of Claim with the court.’s forms.
    6. Pay the filing fee or, if you qualify, ask for a fee waiver. To learn more, download CPLEA’s Court Fees and Waivers in Alberta document.
    7. Serve a copy of your filed forms on the plaintiffplaintiff The person who files a Statement of Claim with the court.. Complete and file an Affidavit of Service to prove you served them by the deadline. Find this form on the Alberta Courts’ website.
    8. If you filed a counterclaim, you will also get a copy of the plaintiffplaintiff The person who files a Statement of Claim with the court.’s Statement of Defence to your counterclaim.
    9. Work with the plaintiffplaintiff The person who files a Statement of Claim with the court. to agree on the terms of the divorce judgment, either yourselves or with the help of a professional. Once you have come to an agreement, sign the divorce judgment before the plaintiffplaintiff The person who files a Statement of Claim with the court. files it to show your consent to the divorce.

    If you have been noted in default

    If the other person has noted you in default because you did not respond to court documents in time, get legal help right away. You can apply to the court immediately to ask it to set aside the noting in defaultnote in default Direction from the court to continue a court proceeding based on one party’s documents even though the other party has not responded to the proceeding. The party can ask the court to note the other party in default after proving they properly served the other party with the court documents..

    How to deal with your assets and debts

    When you file for a divorce, you have three options for dealing with your assetsassets Something a person owns that has value. Assets include houses, vehicles, furniture, money and investments. and debtsdebts Money you owe to others, including individuals and companies. Debts include mortgages, credit cards and loans.:

    1. Make an agreement to divide your property without going to court.
    2. File a Statement of Claim for Divorce and Division of Family Property to deal with your divorce and property at the same time.
    3. Start a separate claim to divide your property. The deadline, or limitation periodlimitation period The time a person has to start a lawsuit once the legal issue arises. In Alberta, the limitation period is usually two years but can be longer or shorter depending on the legal issue., to file a claim to divide your property is two years from the date the court grants your divorce. You can also apply anytime before then, including while you’re still married.

    Learn how to co-parent after separation

    Parenting After Separation (PAS) is a free online course created by the Government of Alberta to help parents learn how to communicate with each other after a separation. The court encourages every parent to take it even if the court does not order it.

    Once you have completed PAS, you can take a second course called Parenting After Separation for Families in High Conflict.

    The Alberta Family Wellness Initiative has a free Brain Story course that parents and professionals can take to better understand a child’s brain and trauma. It also shares how a parent’s behaviours and decisions impact their children.

    Next steps

    Potential issues

    You and your spouse have been separated for a long time but one of you wants to marry a new partner.

    File for divorce immediately. Divorces can take time to work through. Even after the court grants a divorce judgment, the divorce is not final until 31 days after the date on the judgment. You cannot marry someone new until the divorce is final.

    You want to file a joint divorce but do not have an agreement in place.

    Even if you don’t or can’t use the joint divorce process, your divorce can still be speedy and cordial. Regardless of the divorce process you use, making a separation agreement is a good idea. Learn more on the Make a separation agreement page.

    Neither you nor your spouse live in Canada.

    Only people living in Canada can file for divorce in Canada using the Divorce Act. If neither you nor your spouse lives in Canada, you may be able to end your marriage under Canada’s Civil Marriage Act if you married in Canada but cannot divorce in the country where you currently live.

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