Divorce in Alberta
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In Canada there is only one legal ground for divorce: breakdown of the marriage. The most common way to prove this is living separate and apart for one year — about 95% of divorces use this route. You can also claim adultery or cruelty, but these are rarely used.
Canada has a no-fault system. The reason for the breakup does not affect how property, support, or parenting is decided. You must be legally married to get a divorce — common-law couples separate without one.
At least one spouse must have lived in the province where you file for at least one year. Once the court grants the divorce, it becomes final after 31 days.
When does it apply?
This applies to legally married couples in Canada.
- At least one spouse must have been a resident of the province where the divorce is filed for one year or more.
- You can live "separate and apart" under the same roof — you do not have to physically move out to start the one-year clock.
What to Do If You Want to Get Divorced in Canada
- Confirm residency — make sure at least one spouse meets the one-year provincial residency requirement.
- Start the separation clock — document the date you began living separate and apart.
- File at provincial Superior Court — you can file jointly (together) or as a sole applicant.
- Resolve parenting, support, and property through negotiation, mediation, or court if needed.
- Consider out-of-court options first — the 2021 amendments to the Divorce Act encourage collaborative resolution.
What should you NOT do?
- Don't assume you must leave the home — you can be "separate and apart" while living under the same roof.
- Don't hide assets — both spouses have a legal duty of full financial disclosure.
- Don't use children as bargaining chips — courts take this seriously and it can hurt your case.
- Don't ignore divorce papers if you are served — failing to respond means the court can proceed without you.
- Don't assume adultery or cruelty gives you a better deal — the no-fault system means the reason for the divorce does not change property or support outcomes.
How Alberta differs from federal law
Divorce in Alberta is governed by the federal Divorce Act, RSC 1985, c. 3 (2nd Supp.), but Alberta provincial courts and procedures apply. Applications are made to the Alberta Court of King's Bench (Family Division).
- You can get a divorce on one ground: breakdown of the marriage, shown by living separate and apart for at least 1 year, adultery, or cruelty. The vast majority of divorces are based on the 1-year separation.
- You can file for divorce in Alberta if either spouse has been ordinarily resident in Alberta for at least 1 year before filing.
- Alberta offers both contested and uncontested divorce procedures. An uncontested (desk) divorce can often be completed by filing documents without a court hearing.
- Family Justice Services — a free Alberta government service — provides information, mediation, and parenting-after-separation courses. In many judicial districts, you must complete a parenting course before the court will grant a divorce involving children.
- Court filing fees for a divorce application in Alberta are set by the Court Fees Regulation and vary depending on the type of application.
Additional Steps in Alberta
To start a divorce, file a Statement of Claim for Divorce at the Alberta Court of King's Bench. You can access forms at albertacourts.ca. For an uncontested divorce, you may be able to complete the process yourself using the court's self-help resources. Family Justice Services offers free mediation and information sessions — call 780-427-8343 (Edmonton) or 403-297-6981 (Calgary). Legal Aid Alberta (1-866-845-3425) may provide assistance for family law matters if you qualify.
Relevant Law: Divorce Act, RSC 1985, c. 3 (2nd Supp.); Alberta Rules of Court, Alta. Reg. 124/2010, Part 17 (Family Law); Family Justice Services Regulation, Alta. Reg. 185/1999
Common Questions
When does divorce apply?
This applies to legally married couples in Canada.At least one spouse must have been a resident of the province where the divorce is filed for one year or more.You can live "separate and apart" under the same roof — you do not have to physically move out to start the one-year clock.
What should I do if I want to start the divorce process in Canada?
Confirm residency — make sure at least one spouse meets the one-year provincial residency requirement.Start the separation clock — document the date you began living separate and apart.File at provincial Superior Court — you can file jointly (together) or as a sole applicant.Resolve parenting, support, and property through negotiation, mediation, or court if needed.Consider out-of-court options first — the 2021 amendments to the Divorce Act encourage collaborative resolution.
What mistakes should I avoid with divorce?
Don't assume you must leave the home — you can be "separate and apart" while living under the same roof.Don't hide assets — both spouses have a legal duty of full financial disclosure.Don't use children as bargaining chips — courts take this seriously and it can hurt your case.Don't ignore divorce papers if you are served — failing to respond means the court can proceed without you.Don't assume adultery or cruelty gives you a better deal — the no-fault system means the reason for the divorce does not change property or support outcomes.
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