Separation & Divorce Lawyer in Alberta

Most people who contact a lawyer about separation want two things answered before anything else: what happens now, and whether it has to go to court. The answers depend on whether you are married or adult interdependent partners, on whether there are children, and on whether the two of you can agree on the main points or one of you will not. This page sets out how the process works in Alberta and where the firm fits in it.

Separation is a fact, not a filing

There is no document to file to become separated in Alberta. You are separated when at least one of you decides the relationship is over and acts on it, and that can happen while you are still living under the same roof, which is common where the house cannot be sold or the children need stability while things are worked out. The date matters, because it starts the clock on the one year of separation that grounds most divorces, and it fixes the point from which property and support are usually measured, so it is worth recording in writing at the time.

For adult interdependent partners there is no divorce at all. The relationship ends under the Adult Interdependent Relationships Act, most often by living separate and apart for more than a year, or by a written separation agreement, and from that point the property and support rules apply in much the same way as they do for married couples.

How a divorce is granted

Divorce is governed by the federal Divorce Act and granted only by the Court of King’s Bench. At least one spouse must have been ordinarily resident in Alberta for a year before the action starts. The single ground is breakdown of the marriage, which is proved in one of three ways: living separate and apart for at least one year, adultery, or cruelty. Nearly every divorce in Alberta proceeds on the one year of separation, and the action can be started before the year is up so long as the judgment is not granted until it has run.

Where the spouses agree on parenting, support and property, the divorce is usually granted on paper. The material is filed with affidavit evidence, a justice reviews it in chambers, and nobody attends court. A divorce judgment is issued, and a certificate of divorce follows after the appeal period, which is what a person needs to remarry. Where the parties cannot agree, the divorce itself is rarely what is fought over, since the marriage has plainly broken down, and the dispute is about the parenting, support and property that come with it.

What the Court expects before a contested application

Since January 2026 the Court of King’s Bench has run family matters under the Family Focused Protocol. A party seeking contested relief is expected to complete the Parenting After Separation course where there are children, to attempt dispute resolution, and to exchange financial disclosure before the first application, and self-represented parties meet with a Family Court Counsellor. The file then goes to an intake conference before a justice who stays with the family through to resolution or trial.

Those requirements do not apply to urgent matters, which include risk of violence, risk of a child being removed from Alberta and parenting issues that cannot reasonably wait, and they can be waived or deferred in other circumstances. Knowing which route a matter belongs in is one of the first things the firm assesses, because a request put through the wrong door costs weeks.

Agreements do most of the work

The large majority of separations end in a separation agreement rather than a trial. A properly drafted agreement deals with parenting, child and spousal support, the division of property and debt, and the mechanics of implementing all of it, and it can then be filed and turned into a consent order where one is needed for enforcement. Property terms bind only where each party has had independent legal advice and signed the acknowledgement Alberta’s family property legislation requires, so an agreement drawn up at the kitchen table and signed without lawyers is not the shortcut it appears to be.

A good agreement is also written with the future in mind. Support reviews, the sale of the home, the treatment of a pension and what happens if one party moves are the provisions that keep families out of court two years later.

Where the firm can act

Advice, negotiation, separation agreements and uncontested divorces are available to anyone in Alberta. Contested matters are taken only where the file proceeds through the Calgary Courts Centre, which covers Calgary and the surrounding communities in the Calgary judicial district. Where a file is filed is set by where the parties live rather than by choice, so if your contested matter belongs in Edmonton, Red Deer or Lethbridge, the firm will tell you on the first call rather than after a retainer is signed. The practice is virtual, so meetings happen by video, telephone and email, with in-person meetings available on request in Cochrane or in Calgary.

If you are separating, or have been served with a divorce claim, call (587) 328-3328.

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Frequently Asked Questions

Do I have to be separated for a year before I can file?

No. The action can be started at any time after separation. What has to wait is the divorce judgment, which cannot be granted until the year of separation has run, unless the divorce is sought on adultery or cruelty.

Can we be separated while living in the same house?

Yes. Separation is about the end of the relationship rather than the address, and courts regularly find spouses separated under one roof where they have stopped living as a couple. Record the date in writing.

Do we have to go to court to get divorced?

Usually not. Where the terms are agreed, the divorce is granted on affidavit evidence without anyone attending. Court becomes necessary when the parties cannot agree on parenting, support or property.

We are not married. Do the same rules apply?

Largely, yes. Adult interdependent partners have property rights under the Family Property Act and support rights under the Family Law Act, and parenting is decided on the same best interests test. There is no divorce, since the relationship ends under provincial legislation instead.

Separation and Divorce in Alberta