Dealing with marital troubles, especially when children are involved, can be complicated and sensitive. If you’re facing a divorce, our experienced legal team will treat your case with the utmost care and attention. Our Edmonton divorce lawyers can guide you through the complex legal procedures surrounding divorce while keeping your best interests at heart.
At Verhaeghe Law, our Edmonton divorce lawyers are professional and proficient. With their expansive knowledge of matrimonial and divorce law in Alberta, you can feel confident that your case is in good hands. Contact us online or over the phone at (587) 410-2500 to make an appointment and discuss your divorce with a caring legal representative today.
What Are Grounds for Divorce in Alberta?
In Edmonton, Alberta, and across Canada, divorce usually follows the breakdown of a marriage. Under the federal Divorce Act, you may cite the following reasons as valid grounds for divorce:
- Separation: You have been separated from your spouse for more than one year. In some instances, you can continue to cohabitate together at the same residence, as long as you can prove that you were not living together as a couple. For example, if you had separate sleeping arrangements, finances, or household routines.
- Adultery: One spouse has cheated on the other spouse.
- Cruelty: One spouse was emotionally and/or physically cruel to the other spouse.
If you are considering divorce and are wondering how the law may apply to your marriage, don’t hesitate to get in touch with our Edmonton divorce lawyers at Verhaeghe Law. We’re happy to help you weigh your options and determine the best course of action for yourself and your family.
Uncontested Divorce vs. Contested Divorce
When you file for divorce in Edmonton, it will either be contested or uncontested:
- Uncontested Divorce: If parenting, support, and property division issues can be settled between you and your former spouse without dispute, your matter may proceed by filing sworn documents. You usually do not need to appear in court for an uncontested divorce.
- Contested Divorce: If you are unable to resolve issues amongst yourselves, the Court can make interim and final orders after you complete financial disclosure, conferences, and (often) mediation steps. The time it takes to settle a contested divorce will depend on the complexity of your case and court availability.
When you schedule a consultation at Verhaeghe Law, we’ll discuss realistic next steps, whether your divorce is contested or uncontested. Contact us today.
Where to File for a Divorce in Edmonton
Divorce actions in Edmonton are filed in the Court of King’s Bench of Alberta, which hears divorce and property division matters. Some other related family matters may also proceed in the Alberta Court of Justice. Many uncontested (“desk”) divorces are finalized by filing signed documents without appearing in court, using the Court’s prescribed divorce forms.
There are multiple Court of King’s Bench locations across Alberta where spouses can file for divorce. In downtown Edmonton, you may file at the Sir Winston Churchill Square location. There are also base points located in Red Deer, Calgary, Drumheller, Lethbridge, St. Paul, and additional cities throughout the province. To find an office near you, check the Alberta Courts website here.
How Does Divorce Affect Parenting in Edmonton?
If you and your spouse share minor children at the time of your divorce, you will need to decide several things about how you will co-parent moving forward.
Decision-Making Responsibility & Parenting Time
As of March 1, 2021, the Divorce Act uses the terms decision-making responsibility and parenting time (instead of “custody” and “access”). Decision-making responsibility refers to the authority to make important decisions about a child’s life, including about their health, medication, education, or religion. When you get divorced, you will need to decide who has decision-making responsibility over the child, and what authorities are entailed. In Alberta, one parent may have sole decision-making responsibility, or both parents can have joint responsibility.
Parenting time is separate from decision-making responsibility. It refers to how and where the child spends time on a daily basis. For example, where the child will primarily live, how their time will be split between parents, and how important dates or holidays will be spent.
Upon divorce, you will need to craft a parenting plan that outlines decision-making responsibilities and parenting time. You may do so collaboratively with a co-parent or apply to the court for a decision. Parenting orders should be based on the best interests of the child, with primary considerations for the child’s physical, emotional, and psychological safety, security, and well-being.
Child Support in Alberta
If you shared children before divorce, child support payments must also be established when you separate. This is because, under the law, child support is deemed an inalienable right of the child. In Alberta, base monthly amounts for child support are determined under the Federal Child Support Guidelines, and depend mainly on the payor’s income and the number of children.
The Federal Child Support Tables were updated most recently on October 1st, 2025. The 2025 tables can be used to calculate support owed from October 1st, 2025 onward, while the 2017 tables can be used for earlier, retroactive periods.
In addition to the base table amount, parents often also share special or extraordinary expenses in proportion to their respective incomes. Sometimes called “section 7” expenses, these may include the cost of childcare, certain medical or dental costs, extracurricular or education expenses.
In Alberta, the Maintenance Enforcement Program (MEP) can register, collect, and enforce court-ordered child support. At Verhaeghe Law, we can help you set up support correctly or bring a variation application if your income or parenting arrangements change.
How Does Spousal Support Work After Divorce in Alberta?
Spousal support is not automatically guaranteed upon divorce. The courts in Alberta need to decide entitlement before they order spousal support. To do so, they generally need to establish one or more of three recognized grounds:
- Compensatory support, where one spouse experienced economic disadvantage or the other gained an advantage due to roles performed during the relationship. For instance, if one spouse remained at work while the other gave up employment to stay home with children for an extended period.
- Non-compensatory/needs-based, where a significant income disparity after separation exists and financial support for one partner is necessary to sustain their quality of life.
- Contractual, where a valid agreement signed by both parties stipulates that spousal support will be paid upon divorce.
Once entitlement is established, courts will often consult the federal Spousal Support Advisory Guidelines (SSAG) to identify appropriate ranges for amount and duration. Factors that can influence the amount of support owed might be relationship length, respective ages, child-raising roles, and incomes. The SSAGs are only advisory and are not binding. However, they provide a common starting point for negotiation and for the Court. Support may be provided periodically or in a lump sum, and can be time-limited or reviewed later.
Our Edmonton divorce lawyers can walk you through realistic options, including how spousal support might interact with child support, tax obligations, and financial disclosure requirements. If your circumstances change significantly, we can also discuss a variation application to change your support payments. We’ll also examine whether negotiation or mediation could resolve your legal matter efficiently.
Property Division Following a Divorce in Alberta
Property division laws in Alberta are designed to ensure a fair distribution of matrimonial assets between spouses. In Alberta, property division is governed by the Matrimonial Property Act, which provides specific guidelines for separating spouses.
However, the dissolution of a relationship or marriage can be complex, and many factors may come into play. For example, the length of the marriage, the type of property that must be divided, and any pre-existing agreements, like prenuptial or postnuptial contracts.
What is a Matrimonial Asset?
In the province of Alberta, there are 3 types of matrimonial assets according to Alberta family law:
- Matrimonial Property: This includes all debts and assets accumulated by either or both spouses throughout the marriage, including anything acquired after the date of separation.
- Exempt Property: This refers to assets or debts acquired by spouses prior to entering the marriage. It also includes items received as gifts, inheritances or settlements from third parties during the marriage. So long as these items can be demonstrated as the property of only one person, they may be exempt from division.
- Increase in Value of Exempt Property: Any increase in the value of exempt property may be subject to equitable division during divorce proceedings. For example, if a piece of antique jewellery was purchased during the marriage for $1,000 – but at the time of divorce was valued at $5,000 – the additional $4,000 may be subject to equitable division.
An important asset that is considered to be matrimonial property is the matrimonial home. This could be a house, townhouse, condominium, mobile home, or any other residence that you and your spouse primarily lived in or shared during your marriage. It is important to note that the courts in Alberta do not have jurisdiction over matrimonial assets in other provinces or countries.
What Factors Are Considered by Alberta Courts During Property Division?
Alberta courts consider several factors when dividing matrimonial property. While the goal is an equitable outcome, the division of assets or property may not always be equal. Some key factors include:
- The Length of the Marriage: Longer marriages may result in a more equal division of assets, while shorter marriages might result in a division based on each spouse’s contribution.
- Contributions to the Marriage Made by Each Spouse: Both financial and non-financial contributions are usually considered. For example, a stay-at-home partner’s contribution to the household through the raising of children may be equally valued when compared to income earned by another spouse.
- The Financial Situation of Each Spouse: The court will consider the economic circumstances of both parties, including their income, health, and any ongoing financial obligations.
- The Needs of Any Children Involved: If you and a spouse share children, the court may prioritize awarding the family home to the spouse who has primary decision-making responsibility over the children
- Agreements Made Before or During the Marriage by Spouses: Prenuptial and postnuptial agreements can have a significant impact on how property is divided. If such an agreement exists, the court will generally try to uphold its terms. This is provided that it was made fairly and with full financial disclosure.
- And More
The process of dividing property can quickly become overwhelming, especially when emotions run high during a separation or divorce. An experienced property division lawyer at Verhaeghe Law can help guide you through the process.
The Benefit of Hiring an Edmonton Divorce Lawyer
Divorce can be challenging even in the most amicable of circumstances. Utilizing the services of a divorce lawyer can make the process that much easier. When you choose to work with a divorce lawyer, you gain the advantage of:
- Saving Time on Paperwork: Our legal team offers robust support services to ensure your paperwork is prepared correctly and processed on time. We take busy work out of the equation. That way, you can stay focused on what’s important: you, your family, and your future.
- Learning About Alternatives: As experienced divorce lawyers, our team at Verhaeghe Law helps you consider all possible options to find one that suits your situation best. Whether you’re considering contesting your divorce in court or you would like to settle things amicably, we’ll help you weigh your options.
- Results-Driven Solutions: With our years of experience, we’ve earned a reputation as a tried-and-true divorce firm. We develop solutions that work, using our knowledge of the law on your behalf to seek the outcomes you desire.
- Distribution of Assets: Splitting assets can be one of the most challenging parts of divorce. At Verhaeghe Law, our divorce lawyers in Edmonton take a total stock of your living situation to ensure that the distribution is fair for all. We want each party involved to walk away feeling like they’ve reached an amicable agreement that considers their needs. When this isn’t possible, we are prepared to litigate for you. In or out of the court, we’ll strive to make sure you enjoy the full protection the law affords.
Services Our Edmonton Divorce Lawyers Offer
Our team has years of experience dealing with matrimonial law, divorce proceedings, and other family law matters. When a marriage is ending, we can counsel parties on every issue concerned, including:
- Separation agreements
- Divorce procedures
- Decision-making responsibility and parenting time (custody)
- Child support
- Collaborative family law matters
- Equitable distribution of property and valuation issues
- Mediation
- Prenuptial agreements
- Cohabitation agreements
- Variations
- Child protection
- Alternative dispute resolution
- Matrimonial homes
- Adoptions
- Endorsements
- Postnuptial and divorce agreements
- Spousal support (alimony)
- Same-sex prenuptial agreements, divorce, and custody matters
- Court orders
- Contested and uncontested divorce
- And more
At Verhaeghe Law, our skilled team of Edmonton divorce lawyers will be there to help you at every step. We believe in full transparency, meaning we’ll keep you updated about your case from start to finish. As a client of Verhaeghe Law, you can also expect:
- Compassionate assistance
- Responses to your inquiries in a timely fashion
- Thoughtful advice and guidance
- Personalized solutions tailored to your situation
- Lawyers who will advance your position diligently, in and out of court
- And much more
Frequently Asked Questions: Edmonton Divorce
Can we be “separated” even if we still live in the same house?
Yes. Separation can occur under one roof if your lives are functionally separate (sleeping arrangements, finances, routines). We can help you document the separation for the Court.
What if my spouse won’t sign the divorce papers?
You can still proceed with the divorce even if your spouse has been properly served and has chosen not to respond. We’ll confirm service, manage timelines, and ask the Court for the relief you’re seeking, where appropriate.
Do we have to go to court to get divorced in Edmonton?
Not always. If parenting, support, and property are settled, our divorce lawyers can often file an uncontested divorce, also referred to as a desk divorce. This is usually performed via paperwork only.
If issues do remain, we can help you prepare for conferences, mediation, and (if necessary) court.
Who moves out of the matrimonial home, and can I get exclusive possession?
Neither spouse automatically has to leave the matrimonial home under the law. In some situations, one spouse may ask the court for exclusive possession of the home. If you would like sole possession of the home after your divorce, you may need to buy out your spouse according to the value of the property or come to another arrangement.
At Verhaeghe Law, we can assess safety, parenting, and financial factors and advise on your realistic options.
What if I’m worried about family violence?
Your safety always comes first. If you’re worried about family violence amid your divorce, our divorce lawyers in Edmonton can discuss emergency protection orders and urgent parenting or exclusive possession applications.
Can I relocate with the children after a divorce?
Whether you are allowed to relocate depends on the children’s best interests and on notice and consent rules in your parenting order. We can help you give proper notice, negotiate solutions, or bring a court application with a practical, child-centred plan.
What if my spouse lives in another province or outside Canada?
You can usually file for divorce in Alberta if you meet the residency requirements, even if your spouse does not. We can help you arrange service in the other jurisdiction and, if necessary, work with interjurisdictional support processes to enforce or vary support orders.
Talk to Our Edmonton Divorce Lawyers Today
Although no one ever expects to get divorced, it is a common reality for many couples. If you have decided to end your marriage, you can take action to make your split as smooth as possible. At Verhaeghe Law, we’ll take care of the legal complexities so you can get a head start on moving forward with your life.
If you’re looking for legal representation in Edmonton, get in touch with us today to schedule a consultation. You can contact our Edmonton divorce lawyers online or over the phone at (587) 410-2500. We look forward to working with you closely and assisting with your divorce proceedings.