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Guide to Uncontested Divorce in Alberta

December 23, 2025

Desk Divorce (Uncontested / Simple Divorce) in Alberta: A Plain English Step-by-Step Guide

If you and your spouse agree the marriage is over and you want to avoid a long, expensive court fight, Alberta offers a popular uncontested path that many people call a Desk Divorce. A Desk Divorce is an uncontested divorce that is typically decided on paper (no courtroom hearing), as long as your paperwork is complete and your parenting and support arrangements (if any) are reasonable.

This guide explains the Alberta process in plain language: who qualifies, the key Court of King’s Bench forms (like the Statement of Claim for Divorce versus a Joint Statement of Claim for Divorce), what happens after you file, and how long things usually take, including Alberta’s important 31 day appeal period after the Divorce Judgment is signed.

Important disclaimer: PlainDivorce is not a law firm. This article is general legal information, not legal advice. Court rules, forms, and fees change. If you have safety concerns, major disagreements, or complex property and financial issues, consider getting help from an Alberta family lawyer or legal clinic.

Table of Contents

uncontested divorce in Alberta

1. What is a Desk Divorce in Alberta?

In Alberta, divorce is governed by Canada’s federal Divorce Act, but the process is handled through the Court of King’s Bench of Alberta. When people say “uncontested divorce” or “simple divorce,” they usually mean a divorce where:

  • the divorce itself is not opposed,
  • there is no active dispute in court about parenting or support, and
  • the paperwork is filed correctly so a Justice can decide the case from the documents.

Desk Divorce is the everyday Alberta term for that paperwork based review. In a typical Desk Divorce, you submit a final package (including sworn evidence), and the judge reviews it without you attending a hearing unless something is missing or unclear.

Two common uncontested paths:

  • Joint (cooperative) divorce: you file together as joint applicants, typically using a Joint Statement of Claim for Divorce. This usually avoids the service step.
  • Sole (one spouse starts) uncontested divorce: one spouse files a Statement of Claim for Divorce, serves the other spouse, and the case proceeds as uncontested if no defence is filed.

2. Who qualifies for a Desk Divorce?

Residency requirement (Alberta)

In general, you can start a divorce in Alberta if you are legally married and either you or your spouse has lived in Alberta for at least one year immediately before starting the court case.

Grounds for divorce (Canada)

Canada has one main legal ground for divorce: breakdown of the marriage. Most uncontested Alberta divorces rely on one year separation because it is the most common no fault route.

What makes a case a good Desk Divorce fit?

  • You both agree the marriage is over.
  • You can prove the legal basis (commonly one year separation).
  • You have workable parenting arrangements (if you have children).
  • You have reasonable child support arrangements (if applicable).
  • Spousal support is either agreed (yes or no, and the terms) or not being pursued by either party.
  • Property and debt issues are not actively being fought in this court file (often handled in a separate Separation Agreement or Minutes of Settlement).

If there is family violence, fear, serious power imbalance, hidden assets, or complex finances (businesses, major pensions, multiple properties), it is smart to pause and get legal advice before relying on a simple process.

3. Key Alberta court forms you’ll hear about

Alberta DIY filers get stuck when they search for generic “divorce papers” instead of Court of King’s Bench terminology. These are common document names you will see in a typical Desk Divorce flow (exact titles, form codes, and versions can change by court updates):

  • Statement of Claim for Divorce (sole start document)
  • Joint Statement of Claim for Divorce (if filing together)
  • Affidavit of Applicant (sworn evidence for the desk review)
  • Request for Divorce (formal request asking the court to review and grant the divorce)
  • Desk Divorce package checklist (a checklist used in many locations to confirm your package is complete)
  • Divorce Judgment (the order signed by the Justice that grants the divorce)
  • Certificate of Divorce (the certificate you can request after the waiting period, often needed for remarriage or records)
  • Clearance Certificate (clearance from the Central Registry of Divorce Proceedings in Ottawa that must be received before the court can grant a divorce)
  • Undertaking Not to Appeal (used in limited situations when asking the court to shorten or waive the usual appeal waiting period)

Important: Always download current forms and instructions from official Alberta court sources. Using outdated versions is one of the fastest ways to have a package returned.

4. Step by step Desk Divorce process (Court of King’s Bench)

The steps below are a typical Alberta uncontested flow. Your exact steps depend on whether you file jointly or as a sole applicant, and whether children are involved.

Step 1 – Confirm you qualify (before you touch forms)

  • Confirm the one year Alberta residency requirement is met.
  • Confirm your divorce ground (commonly one year separation by the time the divorce is granted).
  • Confirm your case belongs in the Court of King’s Bench of Alberta (not the Alberta Court of Justice).

Step 2 – Sort out parenting and support (if you have children)

Even in a Desk Divorce, the judge must be satisfied that child support arrangements are reasonable and that parenting arrangements are clear. Many people document their agreement in a Separation Agreement or Minutes of Settlement (property division is often addressed there too).

Step 3 – Start the case with the right claim form

  • Joint divorce: you usually start with a Joint Statement of Claim for Divorce.
  • Sole divorce: you usually start with a Statement of Claim for Divorce.

Step 4 – File with the Court of King’s Bench and pay the commencement fee

You file your starting documents at the appropriate Court of King’s Bench location and pay the required filing fee. Fees can change, so confirm the current fee schedule before filing.

Step 5 – Serve your spouse (sole cases)

If you filed a sole (non joint) divorce, service rules usually apply. In a joint case, both spouses are already participating, so service is typically not needed.

Step 6 – Wait for the Clearance Certificate (Central Registry of Divorce Proceedings)

After your case is started (and service is completed in sole cases), the court must receive a Clearance Certificate from the Central Registry of Divorce Proceedings in Ottawa before your divorce can move forward to the final desk review. This clearance confirms there is no other divorce proceeding on file for the same marriage.

Practical timing note: This step often takes several weeks. In real life, you usually cannot complete the final desk package until the court has received the Clearance Certificate. If you try to file the final package too early, the clerk may reject it or tell you to come back once the clearance is on file.

Step 7 – File your Desk Divorce final package for review

Once your matter is clearly uncontested (or it started jointly) and the Clearance Certificate has been received, you submit the final package that asks the judge to grant the divorce based on the paperwork. This is where the key documents usually include your Request for Divorce, your sworn Affidavit of Applicant, the Desk Divorce package checklist (if required at your location), and a draft Divorce Judgment.

Practical tip: Courts can return desk packages for missing items or errors. Treat this step like a checklist project. Clean, complete packages tend to move faster.

Step 8 – Divorce Judgment is signed, then the 31 day appeal period runs

When the judge signs your Divorce Judgment, your divorce is not instantly effective. In Alberta (and generally across Canada), there is typically a 31 day period after the judgment is granted before the divorce is effective and before you can obtain a Certificate of Divorce (assuming no appeal is filed). This is often described as the “31 day appeal period.”

Waiver nuance (pro tip): In limited situations, parties may ask the court to shorten or waive the usual waiting period. This is not automatic and it is not appropriate for most cases, so follow the court’s current instructions or get legal advice if you are trying to shorten the timeline.

After the 31 days pass, you can request your Certificate of Divorce, which is the short document many people need for remarrying or updating records.

5. Special issues when you have children

If you have “children of the marriage,” the court focuses on two big items:

  • Parenting clarity: where the children live, parenting time, and how major decisions will be made.
  • Reasonable child support: support amounts generally aligned with the Child Support Guidelines and your financial information.

If the paperwork does not clearly address children and support, the court may request more information or return the package for correction.

6. Parenting After Separation course requirement

Alberta has a Parenting After Separation course requirement in cases involving dependent children. Alberta’s divorce guidance directs parents with dependent children to take the Parenting After Separation (PAS) course.

In practice, you may need to provide proof of completion (a certificate) as part of your court materials or as required by your specific court location and instructions. Because submission details can vary and can change over time, confirm the current PAS requirements and what proof the court expects before you submit your final package.

7. How long does a Desk Divorce take in Alberta?

Every courthouse has different workloads, but the timeline usually has these building blocks:

  • Separation time: many people rely on one year of separation (no fault basis).
  • Preparing and filing: days to weeks depending on organization and whether the case is joint or sole.
  • Clearance Certificate wait time: often several weeks for the Central Registry clearance to be received by the court.
  • PAS course timing (if dependent children): plan for course completion and any certificate requirements.
  • Desk review: often weeks to a few months depending on court volume and whether corrections are needed.
  • 31 days after Divorce Judgment: the divorce typically becomes effective and you can request a Certificate of Divorce.

For many straightforward, well prepared cases, it is common to see a few months from filing to judgment (varies), then the additional 31 day period after judgment before the certificate is available.

8. What does an uncontested Desk Divorce cost?

The biggest fixed expense is the mandatory government filing fees paid to file and finalize the case in the Court of King’s Bench. Fee amounts can change, so confirm the current schedule before you file.

Common fee categories in an Alberta Desk Divorce include:

  • the court filing fee to start the case (your Statement of Claim for Divorce or Joint Statement of Claim),
  • a court fee to file the Request for Divorce or final package materials (if applicable at your location), and
  • the fee to request a Certificate of Divorce after the 31 day period.

You may also have costs such as process server fees (often in sole cases), commissioner or notary fees for swearing affidavits, and fees to obtain an original marriage certificate (if you do not have one).

9. When DIY might not be right

A Desk Divorce is best for cooperative cases. Consider getting legal help if:

  • there is family violence, coercion, or safety risk
  • there are serious parenting disagreements or child safety concerns
  • assets or debts are complex (business, major pensions, multiple properties, hidden assets concerns)
  • one spouse does not understand the finances, or language barriers create a real imbalance
  • immigration or cross border issues create higher risk

PlainDivorce cannot tell you whether a particular agreement is fair or what you should accept. That is legal advice and belongs with a qualified Alberta lawyer.

10. Where a self help kit fits

If your case is truly uncontested and you are comfortable handling paperwork, a self help kit can help you stay organized by providing:

  • a plain language roadmap of the Desk Divorce process
  • a “which forms do I need?” checklist (joint versus sole, with versus without children)
  • step by step filing and service checklists (where applicable)
  • reminders for Alberta specific requirements like the desk package checklist, the Clearance Certificate timing, and PAS course proof where required
  • document organization and common mistake prevention

Reminder: the official court forms and instructions always control. A kit is an organization and guidance tool, not legal advice and not a substitute for a lawyer.

Download Our Alberta Uncontested Divorce (Dissolution) Self-Help Kit

11. Alberta Desk Divorce FAQ

What is an uncontested or simple divorce in Alberta?

It is a divorce where the divorce itself is not opposed and there is no active court dispute about parenting or support. In Alberta, many people call this a Desk Divorce because the judge can decide it from the paperwork without a hearing (if the package is complete).

What is the difference between a Statement of Claim and a Joint Statement?

A Statement of Claim for Divorce is typically used when one spouse starts the case (sole uncontested). A Joint Statement of Claim for Divorce is used when both spouses start the case together as joint applicants.

Do I have to go to court for a Desk Divorce?

Often, no. A Desk Divorce is designed to be decided by a judge reviewing your documents. However, incomplete or unclear paperwork can trigger requests for corrections, or the court may require an appearance in certain situations.

What is the Clearance Certificate and why does it slow things down?

The Clearance Certificate is issued through the Central Registry of Divorce Proceedings in Ottawa and confirms there is no other divorce case on record for the same marriage. The court generally needs this clearance before the divorce can be granted, and it can take several weeks to arrive.

Is the Parenting After Separation course required?

Alberta’s divorce guidance directs parents with dependent children to take the Parenting After Separation (PAS) course. Check your court location’s current instructions for how proof of completion must be provided.

What is the 31 day appeal period in Alberta?

After the Divorce Judgment is granted, there is typically a 31 day period before the divorce is treated as effective and before a Certificate of Divorce is available. This window exists to allow time for an appeal.

About Harry D

Expert contributor at PlainDivorce, helping Canadians and American navigate simple uncontested divorces with clarity and confidence.