Filing an Alberta Divorce, Parenting or Child Support Case
To get a court order, you must start a legal action (also called a case or proceeding).
You can go to the Court of King's Bench or the Alberta Court of Justice to get orders for parenting time, child-related decision-making responsibility, and child support. Only the Court of King's Bench can hear divorce cases.
If you're representing yourself, the Alberta Court of Justice is easier to navigate and tends to move cases more quickly. Divorcing parents can request interim parenting orders in the Alberta Court of Justice before applying for divorce, but it's recommended they keep all matters in the Court of King's Bench.
Your lawyer will start your case for you. If you do not have a lawyer, you can do it yourself.
Keep in mind that if you're not divorcing and you reach an agreement with the other parent, you don't have to get a court order or start a case. Doing so is optional and ensures that the court can enforce the agreement if necessary in the future.
Before you apply: Make sure you qualify
You may have to meet conditions before asking for a court order.
To apply for a parenting order, you must be the child's guardian. If you're not, you can apply for a guardianship order. If you're applying without a lawyer in the Alberta Court of Justice in Calgary, Edmonton, Red Deer or Grand Prairie, you must attend an intake appointment with a family court counsellor.
To apply for a child support order, the person you're asking to pay support must agree that they are the child's parent or meet the legal qualifications for parentage. Otherwise, you can ask the court to declare the child's parentage.
To apply for a divorce judgment, one spouse must have lived in Alberta for at least the past year.
To apply for any family judgment in the Court of King's Bench of Calgary or Edmonton, you must go to Family Docket Court.
Step 1: Fill out your paperwork
You must name all the child's guardians as parties (participants) in a case to decide parenting time and decision-making responsibilities, even if they aren't the child's parents.
Make at least three copies of your forms — one to keep for your records, one for the court and one to give to the other parent.
Some courthouses have court forms information coordinators on staff who can tell you which forms you need and help you fill them out.
Affidavits and Statements must be sworn before a commissioner for oaths or a notary.
You'll fill out the forms for the type of order you're asking for. If any of the following linked forms do not open, try a different browser or open the forms with Adobe Acrobat.
Parenting and child support orders (nondivorce only)
Fill out a Claim - Family Law Act if you're not divorcing at this time and disagree with the other parent on parenting terms. Check the boxes for the orders you're asking the court to grant.
You may have to fill out a statement depending on what you're asking for.
- If the child has another guardian, fill out a Statement - Parenting (PDF download).
- If you're the child's only guardian, fill out a Statement - Parenting (Sole Guardian) (PDF download)
- If you're asking for child support, fill out a Statement - Child Support (PDF download) and Request for Financial Information (PDF download).
If you have a child support or parenting agreement, request a consent order.
- If your case is in the Court of King's Bench, fill out the consent order information packet that best suits your situation.
- If your case is in the Alberta Court of Justice, fill out the publication for a family law matter consent order.
Divorce judgment
The forms you'll fill out depend on whether your case is contested or uncontested.
A contested divorce is for spouses who disagree on some or all terms of their divorce.
Fill out a Statement of Claim for Divorce (Word download) or Statement of Claim for Divorce and Division of Family Property. This covers parenting and child support as well. Also, fill out a Notice to Disclose and provide the financial documents listed within.
You'll file the rest of your forms after the one-year separation period is over. If one year has already passed by the time you file, hand in your forms after the parent files their response or after 20 days pass without a response.
An uncontested divorce (also called a desk divorce) is for spouses who agree on every aspect of their divorce. This type of divorce is handled by paperwork only, so there's no need for a court appearance. You must include a Desk Divorce Package Checklist (Word download) with your forms.
You have a choice between two sets of uncontested divorce forms. To file for divorce with your spouse and skip service (Step 3 below), fill out the forms under "Joint Divorce (With Children)" together. However, if you're citing cruelty or adultery as grounds for divorce, fill out the forms under "Uncontested Divorce (With Children)" instead. For both types, you must attach a parenting agreement to the Divorce Judgment.
Step 2: Hand in your forms
You can file at any courthouse or judicial centre in Alberta that hears your case type. Most parents file in the court closest to them.
If you file for a joint divorce, this is the last step in the application process for you.
There is a $260 fee to apply for divorce.
If you're in the Alberta Court of Justice, you should ask a family court counsellor to review your forms before handing them in. There's a $50 fee to file your forms. Also, the clerk will help you pick a date for Docket Court.
Step 3: Inform the other parent
Service is how the other parent receives notice of the case. The court can be sure your co-parent knows the details of the case once you've served that parent copies of the documents you filed.
You don't have to serve if you filed for a joint divorce.
The Centre for Public Legal Education Alberta has a guide to serving court documents.
What to do if you're served court papers
After you're served court documents, you generally have 20 days to respond. You have one month if you're served outside of Alberta but still in Canada, or if you're served with a Notice to Disclose Application. If you're served outside of Canada, you have two months to respond.
You may choose not to respond if you agree with everything the other parent is asking for. However, it's in your best interests to draft an agreement with the other parent before your response time expires to ensure the terms work for you.
Parenting and child support orders (nondivorce only)
Refer to Alberta's guide to responding to a Family Law Act application.
Divorce judgment
Follow the Alberta Courts' instructions on how to respond to a divorce claim.
Preparing for what comes next
The next step in the court process depends on what your case is about. Divorce cases usually have to try an alternative dispute resolution method like mediation. Other cases about parenting arrangements go to a caseflow conference or Docket Court.
No matter what's next for you, take advantage of technology to be fully prepared.
The Custody X Change online app offers custom parenting calendars, parent-to-parent messaging, an expense tracker and more.
You can use it to put together proposals for the other parent, negotiate, prepare an agreement or organize evidence.
Be prepared for every step of your case with Custody X Change.