How to Get a Divorce in Alberta
A plain-language walkthrough of getting a divorce in Alberta: the one-year rule, the Court of King's Bench desk divorce, the real forms and fees, and the timeline.
Getting a divorce in Alberta is mostly a paperwork exercise when the two of you agree. There's one legal ground, you file at the Court of King's Bench, a judge reviews the documents, and about a month after the judgment you're divorced. This guide covers the real steps, the actual Alberta forms and fees, how long it takes, and when you should bring in a lawyer.
If there's family violence in your relationship, your situation is different and help is available quickly. Talk to a lawyer or a Resolution Services office right away.
Can you get a divorce in Alberta yet?
Two things have to be true. You or your spouse must have lived in Alberta for at least a year before you file, and there has to be a ground. Canada has one: that the marriage has broken down. Most people prove that by living separate and apart for a year. You can file before the year is up, but the court won't grant the divorce until the full year has passed. The other two routes, adultery and cruelty, have to be proven and are used far less often.
Which court handles a divorce?
The Court of King's Bench of Alberta has sole jurisdiction over divorce and over dividing family property. The Alberta Court of Justice, which used to be called the Provincial Court before it was renamed in 2023, handles parenting and support but can't grant a divorce or split property. So a divorce, or a fight over the house or a pension, goes to King's Bench.
The desk divorce, and joint versus sole
Alberta calls the uncontested paper route a "desk divorce": a judge decides it from the filed documents, and nobody appears in court. You can file it two ways. A joint divorce, where both spouses apply together, is the simplest and needs no one to be served. A sole divorce, where one spouse applies and the other is served, is the route when you're not filing together. Remember that you can't serve your spouse yourself; someone else over 18 has to.
The forms and how to file
A sole desk divorce runs on a small stack of Court of King's Bench divorce forms: a Statement of Claim for Divorce, an Affidavit of Service, a Noting in Default, a Request for Divorce, an Affidavit of Applicant, and the Divorce Judgment the judge signs. Two Alberta quirks trip people up: the Divorce Judgment must be typed, and you can't use correction fluid on court documents. You can file in person, by email or digital upload, or through Alberta's online Family and Divorce filing portal for the Court of King's Bench. You'll also need your government-issued marriage certificate.
What does it cost?
$310 to file, which is a $300 provincial court fee plus a mandatory $10 federal registry fee. If you've seen $260 quoted elsewhere, that figure is out of date. Fees do change, so confirm the current amount before you pay. If money is tight, you can apply to have the fees waived based on your income, and you should do that before paying, since a waiver doesn't refund what you've already spent.
How long does it take?
There's no guaranteed timeframe. The firm parts are that your divorce takes effect on the 31st day after the judge signs the judgment, and the court warns that reviewing a final package can take more than a month. In practice a straightforward desk divorce commonly runs several months from filing, often around four to six, depending on the court's backlog. Once it's final, you request the Certificate of Divorce, which is your proof to remarry, through Alberta's web form. It's separate from the judgment.
Do you need a lawyer?
Not for a simple, uncontested or joint divorce with no dependent children and nothing in dispute. Alberta's desk-divorce kits are built for people doing it themselves. Talk to a lawyer once there are children, property, a pension, or any disagreement, or if your spouse is uncooperative or can't be found. Alberta also gives you free help short of a lawyer: Resolution and Court Administration Services in cities including Calgary, Edmonton, Grande Prairie, Lethbridge, Medicine Hat, and Red Deer, free family mediation, and the free Parenting After Separation course.
One recent change worth knowing: since January 2026 the Court of King's Bench runs family cases under a resolution-first Family Focused Protocol, though a plain uncontested or joint divorce is largely exempt from its mandatory pre-court steps.
When you're ready to find someone, browse family-law firms across Alberta, or start from your city: family-law firms in Calgary or in Edmonton.
Frequently asked questions
Does the Alberta Court of Justice do divorces?
No. Only the Court of King's Bench of Alberta can grant a divorce or divide property. The Alberta Court of Justice, formerly the Provincial Court, handles parenting and support matters.
How much does a simple divorce cost in Alberta?
$310 to file at King's Bench, made up of a $300 provincial fee and a $10 federal registry fee. A low-income applicant can apply to have the fee waived. Any lawyer's fees are on top of that.
Can we do the divorce without going to court?
Yes, if it's uncontested. Alberta's desk divorce is decided by a judge from the filed paperwork, with no court appearance. A joint filing by both spouses is the simplest version.
