Divorce rarely starts with paperwork. It starts with a decision — one that touches your kids, your home, your finances, and your sense of what comes next. If you’re weighing that decision right now, you don’t need more legal jargon. You need a clear picture of your options and someone who can walk through them with you.
Shim Law has helped Calgary families through every kind of divorce, from quiet, uncontested splits to high-conflict court battles. Our lawyers work in more than 10 languages, so you can talk through the hardest parts of this in the language you think in.
Not sure where you stand? Take the 2-minute quiz.
Answer six short questions about your situation and get a clear read on what your path forward might look like — before you book a consultation.
Shim Law · Divorce Clarity Check
Which divorce process is right for me?
A few quick questions to help you understand which divorce path may fit your situation — Uncontested, Joint, Mediated, Collaborative, Contested, or Annulment. Takes about a minute.
If you have children, the next question is usually financial. Our Calgary child support calculator gives you an instant, guideline-based estimate of monthly support for sole, shared, or split custody arrangements — before you ever set foot in a consultation.
Is Divorce the Right Step Right Now?
Not every rough patch needs to end in divorce, and not every marriage that’s ending needs to go through court. Before you file anything, it’s worth asking a few honest questions:
- Is this a permanent breakdown, or a rough season? Alberta law requires the marriage to have broken down — usually shown by a year of separation. Some couples separate, work through counselling, and reconcile. Others use that year to plan a calm, organized exit.
- Could a separation agreement solve the immediate problem? You can formalize parenting time, support, and property division without dissolving the marriage right away. Read more on whether you need a separation agreement before divorce in Alberta.
- Would mediation get you further than a lawyer letter? If you and your spouse can still have a civil conversation, mediation is often faster and considerably cheaper. Our team has written in depth about why divorce mediation might be right for you and how to know if mediation fits your case.
- Is timing making this harder than it needs to be? January sees a genuine spike in filings after the holidays. If that’s your situation, our piece on whether you should divorce after the holidays walks through the pros and cons of waiting.
For a side-by-side look at your options before committing to a full divorce, see separation vs. divorce in Calgary.
The Legal Grounds for Divorce in Alberta
Canadian divorce law recognizes one ground — marital breakdown — proven one of three ways:
- One year of separation (the most common route). You can even live under the same roof and still be considered separated if you’re living separate lives. Learn more about how long you need to be separated before filing and what happens if that time has already passed, in is divorce automatic after a long separation.
- Adultery. This can shorten the waiting period, but it has to be proven. See what proving adultery actually involves in Alberta.
- Physical or mental cruelty. Also fast-tracks the process, but courts want evidence, not just an account of what happened. Our guide on how to prove mental cruelty in an Alberta divorce explains what that evidence looks like.
Types of Divorce: Which One Fits Your Situation?
“Divorce” isn’t one process — it’s a handful of different processes, and which one applies to you has a lot to do with how you and your spouse are communicating right now.
Uncontested (Joint) Divorce
You and your spouse agree on parenting, property, and support, and file together. It’s the fastest and least expensive route, typically resolved in a few months. Read our full breakdown of how uncontested divorce works in Alberta and realistic timelines for an uncontested divorce.
Contested Divorce
You disagree on one or more major issues — custody, the house, support — and a judge ultimately decides. It’s slower and more expensive, but sometimes it’s the only option when a spouse won’t negotiate in good faith or hides assets. Our guide on litigation as a dispute resolution option in divorce covers what to expect.
If your case does end up in court, it helps to know what that path actually looks like before you’re in it. In this short video, Jae Shim walks through the five steps of the Alberta court process, from the first serving of documents to the courtroom itself:
Most people picture “going to court” as a single dramatic event. In reality it’s a sequence — and knowing which step you’re on tends to lower the anxiety of the whole process considerably.
Mediated Divorce
A neutral, trained mediator helps you and your spouse work through disagreements outside of court. It preserves more control over the outcome and is usually far less costly than litigation. Compare it directly with other paths in mediation vs. arbitration, or start with what to know before choosing mediation.
Collaborative Divorce
Both spouses and their own lawyers commit in writing to settle out of court. It only works if both sides are transparent, but when it works, it tends to be less adversarial than litigation and more structured than informal mediation.
Simple vs. Joint Divorce (Procedural Terms)
You may also hear “simple” divorce (one spouse files alone) versus “joint” divorce (both spouses file together). Either can be contested or uncontested depending on whether you agree on the underlying issues.
Annulment
Different from divorce — an annulment treats the marriage as if it never legally existed, and applies only in narrow circumstances. See how to get an annulment in Alberta if you think this might apply to you.
What a Divorce Actually Involves
Once the “should I” question is settled, most divorces come down to four practical areas:
- Parenting and custody. Courts decide based on the best interests of the child. Our child custody services page covers how parenting arrangements are typically structured.
- Child support. Calculated using federal guidelines based on income and the number of children. Details are on our child support services page — or get an instant estimate with our Calgary child support calculator, updated for the 2025 Federal Guidelines and covering sole, shared, and split custody.
- Property division. Alberta generally splits matrimonial property equally, though “equal” doesn’t always mean “identical.” See our property division services and, if you’re self-employed, how to protect your business from divorce in Canada.
- Spousal support. Not automatic, and not calculated with the same fixed guidelines as child support. Our spousal support services page explains what courts weigh.
If you’re wondering what any of this will cost or how long it will take, we’ve written detailed answers: what the average divorce costs in Alberta, who typically pays for a divorce in Canada, and how long a divorce takes in Alberta.
If safety is a concern in your household, don’t wait on any of the above — go directly to our emergency protection order page or our domestic violence services page.
Protecting Yourself Financially and Legally
A few of the most common questions we hear from clients before they file:
- What mistakes should I avoid during divorce?
- How do I protect my finances during a divorce?
- Does it matter who files first?
- What is a spouse entitled to in a Canadian divorce?
- Can a prenuptial agreement affect the outcome?
- What if we were common law, not married?
If you’re navigating this across borders — a spouse living abroad, or a move planned after separation — see divorcing an American spouse, how divorce affects your immigration status, or getting a Canadian divorce after returning to China.
One issue that comes up often enough to warrant its own mention: a spouse deliberately underreporting income to reduce their child support obligation. If you suspect this is happening in your case, Jae Shim explains what steps are available to you:
This is exactly the kind of situation the child support calculator above can’t catch on its own — it can only work with the income figures you enter. If the numbers you have don’t seem to reflect reality, that’s a conversation worth having with a lawyer, not something to try to untangle alone.
Divorce in Your Language
Legal terms are hard enough in your first language. Shim Law’s family lawyers work in more than 10 languages, including Cantonese, Korean, Mandarin, Punjabi, Hindi, Telugu, and Ukrainian. See the full list on our languages page.
Our Other Divorce and Family Law Services
- Divorce Mediation
- Grey Divorce (for couples divorcing later in life) — see also how long a grey divorce takes in Alberta
- High Net Worth Divorce
- Divorce for Nurses
- Divorce for Police Officers
- Child Custody
- Child Support
- Child Support Calculator
- Spousal Support
- Property Division
- Emergency Protection Orders
- Domestic Violence
- Airdrie Divorce Services
- All Calgary Family Law Services
Frequently Asked Questions
What are the legal grounds for divorce in Alberta?
Marital breakdown, shown through one year of separation, adultery, or physical or mental cruelty.
How long does an uncontested divorce take?
Typically a few months once filed, assuming both spouses agree on the terms. See our detailed uncontested divorce timeline.
How much does a divorce cost in Alberta?
An uncontested divorce may run a few thousand dollars; a contested one can climb well past $10,000 depending on how much is in dispute. Full breakdown: average divorce costs in Alberta.
Is mediation required before going to court?
Not in every case, but it’s strongly encouraged and often required in specific circumstances. See whether mediation is mandatory in Calgary divorce proceedings.
How is property divided?
Alberta generally divides matrimonial property equally, though property owned before the marriage may be treated differently. Details: property division in Calgary.
What if my spouse and I can’t agree on anything?
That’s a contested divorce, and it typically requires a lawyer to protect your position in court. Book a consultation and we’ll walk through what that looks like for your situation.
Talk to our Shim law Calgary Divorce Lawyers Today
Every situation above is a starting point, not a substitute for advice on your specific circumstances. If you’d like to talk through your options with a member of our team, book a consultation or call us at (403) 476-2011.
