Filing for divorce in Alberta without an attorney costs CAD $260 in court fees. You must meet the residency requirement of 1 year in Alberta. Alberta is a equitable distribution state with a 1 year separation waiting period. An uncontested divorce typically takes 4-6 months (after separation complete). Victoria AI guides you through every step with Alberta-specific instructions.
Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team
| Filing Fee | CAD $260 (The court filing fee is approximately CAD $260 for a divorce application. Desk divorce (uncontested) may have reduced fees. Fee waivers available for financial hardship.) |
| Residency Requirement | 1 year in Alberta |
| Waiting Period | 1 year separation |
| Property Division | Equitable Distribution (fair, not equal) |
| Grounds for Divorce | 1 year separation (no-fault), Adultery, Mental or physical cruelty |
| No-Fault Only? | No (fault grounds available) |
| Uncontested Timeline | 4-6 months (after separation complete) |
| Contested Timeline | 1-3 years |
| Fee Waiver Available? | Yes |
To file for divorce in Alberta, you must meet the following residency requirement: 1 year in Alberta.
At least one spouse must have been ordinarily resident in Alberta for at least 1 year immediately before starting the divorce. Divorce is filed in the Court of King's Bench.
Tip: Victoria AI can help you determine if you meet Alberta's residency requirements and guide you through the documentation needed to prove residency.
Follow these steps to file for divorce in Alberta without an attorney. Victoria AI guides you through each step with state-specific instructions.
At least one spouse must have been ordinarily resident in Alberta for at least 1 year immediately before starting the divorce. Divorce is filed in the Court of King's Bench.
Download the official Alberta divorce forms: Statement of Claim for Divorce, Affidavit of Service, Affidavit of Applicant. All forms are available from the Alberta courts website.
Fill out the divorce petition (Form FL-1) with your information, grounds for divorce, and what you're requesting (property division, custody, support).
File your completed petition with the Alberta court and pay the filing fee of CAD $260. Fee waivers are available if you qualify financially.
Properly serve your spouse with the divorce papers according to Alberta rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.
Exchange mandatory financial disclosure documents as required by Alberta law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.
Under the federal Divorce Act, you must live separate and apart for at least 1 year before the divorce can be granted. You can file immediately but the divorce won't be finalized until the 1-year separation is complete.
Submit your final judgment to the court. For uncontested divorces in Alberta, this typically takes 4-6 months (after separation complete). The court will issue your final divorce decree.
These are the primary forms you'll need to file for divorce in Alberta. Victoria AI guides you through completing each form correctly.
Initiates the divorce
Proves spouse was served
Sworn statement of facts
Final divorce order
The filing fee to start a divorce in Alberta is CAD $260. The court filing fee is approximately CAD $260 for a divorce application. Desk divorce (uncontested) may have reduced fees. Fee waivers available for financial hardship.
| Cost Type | Amount |
|---|---|
| Court Filing Fee | CAD $260 |
| Service of Process | $50-$100 (varies by method) |
| Certified Copies | $5-$25 per copy |
| Total DIY Uncontested | CAD $500-$2,000 (uncontested DIY) |
If you cannot afford the filing fee, Alberta offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.
Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.
After filing your divorce petition in Alberta, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.
A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.
Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.
Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.
If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.
You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. Alberta courts are strict about service requirements.
Alberta is a equitable distribution state.
Alberta follows equitable distribution under the Matrimonial Property Act. Matrimonial property is divided fairly, with a presumption of equal division. Exempt property (gifts, inheritance, pre-marriage assets) may be excluded.
Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how Alberta law applies to your specific property.
Alberta uses the Federal Child Support Guidelines.
Alberta uses the Federal Child Support Guidelines. Support is based on the paying parent's income and the number of children. Tables set base amounts; special expenses are shared proportionally.
Understanding the timeline helps you plan and set realistic expectations for your Alberta divorce.
When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.
When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.
File Petition
Day 1 - Submit your divorce paperwork and pay the CAD $260 filing fee
Serve Your Spouse
Within 30 days - Ensure proper legal service of divorce papers
Response Period
20-30 days - Your spouse has time to file a response
Waiting Period
1 year separation - Under the federal Divorce Act, you must live separate and apart for at least 1 year before the divorce can be granted. You can file immediately but the divorce won't be finalized until the 1-year separation is complete.
Final Judgment
Court issues your final divorce decree
Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.
Federal Divorce Act governs grounds
Provincial Matrimonial Property Act for assets
Desk divorce available for uncontested cases
Family Law Information Centres provide free help
Parenting After Separation course required
Joint divorce application option available
Common questions about filing for divorce in Alberta without an attorney.
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Alberta-specific forms
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Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.
All Alberta divorce information verified from official state court sources.
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