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We’ve put together answers to some of the most common questions we get about divorce in Alberta. If you’re unsure where to start, this is a great place to begin.
Yes, regardless of where the marriage occurred, the parties can file for a divorce in Alberta so long as they meet the requirements.
In order to file for a divorce in Alberta, an individual or both parties can apply at the Court of King’s Bench of Alberta by visiting a courthouse or hiring a firm such as Divorce Easy to do so on their behalf. We take care of the court process and filing for both parties.
No, there is not in Alberta. Regardless of the circumstances that broke the relationship, the parties still have rights to a division of family property.
If the parties are in agreement, and the requirements have been met, then it takes anywhere from 2-4 months for a divorce to be granted by a Justice of the Court from the time the full package is filed (subject to change).
If neither party disagrees to the divorce or the claims within – this is where the divorce is uncontested.
Examples include spouses filing a joint divorce application and both signing or one party filing the application while the other agrees to sign. Another example is when no dispute is filed by either party.
You can file for a divorce application solely in Alberta as the Plaintiff, and the claim must be served to your Spouse (which would be the Defendant in the case) by a third party. Once the claim is served, the Defendant would have 20 days if residing in Alberta, 30 days if residing in a different province, or 60 days if residing outside of the Country to file a response. If the Defendant files a response, the parties must come to an agreement or go through Court in order to finalize the divorce. If the Defendant does not file a response, then the Plaintiff can finalize the divorce without them.
In Alberta, you are able to file for a divorce on your own; however, you should consult a professional in the family law industry if you have any outstanding issues or concerns regarding division and in order to ensure you know your rights and obligations. We can assist you in completing your divorce, and we can provide you with third-party legal assistance in the event your divorce becomes contested, without the possibility of disputes being resolved
Of course. We work with both parties together by providing mediation, completing a separation agreement, arranging independent legal advice (ILA) with our third-party lawyers, and filing a divorce application.
The date of separation/the date cohabitation or marriage ceased is not when the parties moved apart from living together – it is when the parties stopped cohabitating together as a couple, regardless of whether you still live in the same house. Some examples to determine the date would be when the parties stopped cooking together, doing household chores together, sleeping together, going out together, or lived an individual lifestyle.
No, it does not solidify your marriage. A separation agreement is simply a settlement made between the parties on how they are parting ways regarding family matters, such as property, finances, children, etc. In order to end your marriage, the parties would have to file for a divorce decree, through the Courts.
Yes, there is no timeline; however, it is recommended to complete a separation agreement as soon as possible as the parties may start accumulating assets or incurring debt and to make sure claims on assets and/or responsibility on debts are waived, then it is best to complete a settlement right away.
– A separation agreement is a legal contract made between parties when separating to ensure each individual is protected within their asset, and it finalizes a settlement and division of all family matters. A waiver on claims to family property, parenting matters and spousal support are dealt with in a separation agreement.
– A divorce is simply filing an application at the Courts to solidify your marriage from one another. Matters involving children, such as parenting arrangements and child support, are handled in the divorce, along with spousal support, if applicable.
Independent Legal Advice is given when your lawyer tells you what the law entitles you to, and what your rights and obligations are, given the facts of your situation; and before you can get that advice, the lawyer needs a certain amount of information about your relationship, particularly about each party’s financial position.
A legally binding agreement is where both parties have obtained Independent Legal Advice (ILA) in regards to the terms and conditions within their agreement (entitlements, obligations, and responsibilities). ILA can only be provided by a lawyer.
It can be, but the decision would ultimately be made by a Justice of the Court. When you sign your agreement with Independent Legal Advice, you are signing with your lawyer to state that you are freely and voluntarily signing the agreement. If you have a concern otherwise or feel forced by your spouse, then the time to bring this up would be with your lawyer.
A financial disclosure is a sworn list of each spouse’s income, assets, debts, and key expenses. Alberta courts require it to confirm transparency and fairness before approving any property or support agreement. Divorce Easy sends you a simple checklist, reviews your documents, and files the forms so your desk divorce stays on track.
When the parties have come to a dispute on certain matters and cannot resolve the issues themselves, they may require the need of a third party to arrange and assist in negotiating the disputes so they can come to a common ground – this is where a Mediator can assist and help parties.
Mediation works best for couples who are amicable, willing to compromise, and want to save time and money. It’s ideal for low-conflict or uncontested matters, especially when there are children or property to be settled.
To learn more, visit our Mediation page.
Lower cost. Faster resolution. Private conversations instead of court conflict. More control over parenting, property, and timelines. Better long‑term cooperation because you both helped shape the agreement. We capture the final terms so the court can approve them.
Mediation is legally binding when you put the agreement in writing and file it with the court, such as a Separation Agreement or Consent Order in Alberta.
Yes, mediation only works if both parties attend. We can offer joint or separate sessions if needed. If one party can’t attend, we’ll help focus on document-based options.
A cohabitation agreement is for couples who choose not to marry but want to outline their financial and property arrangements in the event of a relationship breakdown. A prenuptial agreement is for couples who are married or plan to marry, helping to establish terms for asset division and support in the event that a separation or divorce occurs.
Postnuptial (aka, postnup) is another term for prenuptial/prenup – an agreement that the parties create after marriage that outlines protection/division of matters in case they cease their relationship or enter into a divorce.
It is a payment made by one party to the other to ensure the children are financially supported when they separate. Child support is a legal obligation, and the amount to be payable is calculated using a formula (Federal Child Support Guidelines), which is based off parties’ incomes, parenting arrangements, and the number of children.
Yes, as per the Federal Child Support Guidelines, the party with the higher guideline income may still be obligated to pay child support to the other party.
Yes, there are alternative methods to calculate child support without receiving income verifications. Once this has been determined, then the party can apply at Court directly – or if filing for a divorce, can seek the matter be dealt within.
Spousal Support (aka, “Alimony” or “Partner Support”) is money paid by one party to the other once a marriage/relationship has ceased in order to keep a similar standard of living.
Spousal support is not an automatic payment just because the parties were together, but now they are not. Entitlement to receive spousal support is based on three factors:
If spousal support is payable, then it is a matter of determining the amount and the duration for which you are entitled to receive payments.
Spousal Support – is a payment made by one spouse to the other to support them financially in the event they were/are not able to do so;
Child Support – a payment made by a parent with the higher income to the parent with the lower income to support the Children financially and pay for their basic needs in life.
*Precedence is given to child support over spousal support.
If you have an agreement that is legally binding and enforceable, then you may take that to Court to make an application on unpaid child support/spousal support, or if you have a Divorce Judgment or any other Court Order that has granted support, then you can proceed to use the Maintenance Enforcement Program to help you collect unpaid support.
If you have additional questions or need further assistance, we’re here to help. At Divorce Easy, we understand that divorce and family law matters can be complex and emotionally charged. Our team is dedicated to providing clear, straightforward answers to help you navigate the process with confidence. Whether you’re unsure about the next steps or need clarification on a specific issue, don’t hesitate to reach out.
Contact us today to schedule a consultation, and we’ll guide you through the process every step of the way.
