While Alberta law requires a one-year separation before divorce, the actual timeline can stretch far longer depending on how you handle the process. Choosing Mediation or Collaborative Divorce gives you more control, reduces legal fees, and helps you move forward faster. Court battles, on the other hand, are slower, costlier, and largely outside your control.
Why the Divorce Process Can Drag On
Even after you meet the one-year separation requirement, finalizing a divorce in Alberta can still take much longer. Why? Because how you choose to handle disagreements in your divorce process plays a major role in the timeline.
If you go through the courts, you are at the mercy of backlogs, court scheduling delays, and the high costs that come with extended legal battles. That is why many couples are now choosing alternative divorce processes like Collaborative Divorce or Mediation.
The Problem with Litigation
Litigation is the slowest and most expensive way to divorce. When couples head to court for every disagreement about parenting time, property division or support they lose the ability to shape the timeline themselves.
- Court delays are common, and hearings can be scheduled months apart.
- Legal fees increase quickly with multiple court appearances.
- Control shifts away from you and into the hands of a judge.
If you are already separated, litigation can turn what could have been a few months of resolution into a process that takes years.
Collaboration and Mediation: A Smarter Path
Collaborative Divorce and Mediation offer more flexible, respectful, and cost-effective ways to finalize your divorce.
These options enable you to:
- Control the pace – You and your spouse agree on meeting times and timelines—not the court.
- Save money – Fewer court applications and lawyer hours usually mean lower legal bills.
- Reduce stress – A focus on cooperation instead of conflict leads to healthier outcomes, especially if you have children.
- Build better post-divorce relationships – These no-court processes encourage mutual respect, which will be especially helpful for co-parenting.
Collaborative Divorce and Mediation resolve all the key issues, parenting, finances, property, and support, while keeping decisions in your hands.
Key Takeaways
- The law in Alberta requires a one-year separation before divorce, but the rest is up to you.
- Litigation is costly, slow, and puts control in a judge’s hands.
- Mediation and Collaborative Divorce give you more say in the outcome and lead to quicker, less expensive resolutions.
- The approach you choose directly affects your stress level, your budget, and how quickly you can move on.
To learn how to move your divorce forward with less stress and more control, call Pierre Boileau today at 780‑482‑2888.
Frequently Asked Questions
Q1: Can we finalize a divorce right after the one-year separation ends?
Yes—but only if all other issues (like support, parenting, and property division) are already settled. If there are unresolved matters, the process will take longer.
Q2: What if my spouse refuses to mediate?
Both parties must agree to use Mediation or Collaboration. If one spouse refuses to negotiate, litigation may be the only option, but a lawyer can still help you keep things moving as efficiently as possible.
Q3: Is Collaborative Divorce legally binding?
Yes – The relevant parts of agreements reached through Collaboration, once properly drafted and signed, will be incorporated into and form part of the Divorce Judgment or Family Property Order.
Pierre Boileau
Over almost 35 years of practice Pierre Boileau, K.C. has gained experience as a Mediator, Collaborative Family Lawyer, Litigator and now as an Arbitrator. Pierre’s extensive experience has shown him that client satisfaction is maximized when clients have control over their own future. This can best be achieved through interest based negotiation. Only as a last resort, should litigation be considered. When necessary, Pierre relies upon his vast court experience and training.
Pierre remains committed to continuing to practice at a high level with particular care, interest,and sound judgment. He doesn’t shy away from particularly challenging cases. Pierre’s greatest reward comes from the satisfaction of assisting clients through one of the most challenging experiences of their lives.