A divorce is the legal process which terminates a marriage. To apply for a divorce in Alberta 1 spouse must have resided in Alberta for a minimum of 1 year. A party applying for a divorce begins by filing a Statement of Claim for Divorce in the Court of Queen’s Bench of Alberta. The filed Statement of Claim must be served upon the other spouse.
The parties are not divorced until a Divorce Judgement has been granted by a Justice of the Court of Queen’s Bench followed by a Certificate of Divorce 30 days later. The Divorce Act states that the Court must ensure that appropriate arrangements are made for the payment of child support before a Divorce Judgment may be granted. A Divorce Judgment does not finalize the division of matrimonial property.
The grounds for Divorce are as follows:
- 1 Year Separation;
- Adultery; and
- Mental and/or physical cruelty.
An uncontested divorce arises when both parties are in agreement with the terms and conditions set out in the divorce and the party being served (the Defendant) does not file a Statement of Defence.
We Provide Assistance in the Following Areas of Family Law
*Our services do not include family litigation such as disputes over spousal support, child support, custody and access. Final fee may vary from the usual fee depending on the circumstances of your case. Should this occur you will be advised at the earliest opportunity. Fees noted above are exclusive of GST and material costs.
A. Court Filing Fees
- File Statement of Claim for Divorce in Alberta – $260.00 CDN
B. General Office Costs
- telephone charges; and/or
- Process Server to serve Statement of Claim – this will vary depending on how difficult it is to serve the other party, usually start at $75.00 plus mileage
- Court Courier charges
Telephone: (403) 261-6890
Toll Free: (800) 523-6162 (North America Only)
Fax: (403) 263-1632
Toll Free Fax: (877) 586-9325