You can usually get divorced without ever setting foot in a courtroom. While a judge must sign the final divorce order, everything else like dividing property, arranging support, and deciding parenting plans can be handled outside of court. Mediation, Negotiation, or Collaborative Divorce give you more control and reduce stress, cost, and conflict.
You Don’t Need to “Go to Court” to Get Divorced
When you think of divorce, you probably imagine a courtroom and a judge making decisions about your life. But for most people, divorce does not need to play out that way. In Alberta, the only legal requirement is that a judge must sign the Divorce Judgment to legally end your marriage.
Everything else, property division, support arrangements, parenting agreements can be handled through out-of-court options like negotiation, Mediation, or the Collaborative Divorce process.
Why Avoid Court?
Court is not just expensive. It is unpredictable, time-consuming, and emotionally draining. When you go to court, you give up control and place your family’s future in the hands of a judge, who is someone who only sees a snapshot of your life.
If you and your spouse can work together, even on basic terms, staying out of court helps protect your emotional well-being, your finances, and if you have children, your ability to co-parent effectively.
What Are the Alternatives?
You have several out-of-court options:
- Negotiation – You and your lawyers work together to reach an agreement.
- Mediation – A neutral third party helps you and your spouse find common ground.
- Collaborative Divorce – You and your spouse commit to working through everything respectfully, with help from trained professionals which may include financial neutrals, coaches or Family Specialists.
These methods are faster, less expensive, and more flexible than going to court. More importantly, they allow you to make decisions that reflect your family’s unique needs, not just legal rules.
The Final Step Still Requires a Judge
Even if you and your spouse agree on everything, a judge must officially grant the divorce. This is usually done through paperwork that is submitted to the Court for consideration. You do not have to appear in court unless there is a serious disagreement that cannot be resolved in another way.
If you have already sorted out the major decisions, this final step is often quick and straightforward.
FAQs
Q1: Do I need a lawyer if I’m not going to court?
Yes. Even in out-of-court processes like Mediation or Collaborative Divorce, a lawyer helps you understand your rights and make informed decisions. They also ensure the final agreement is legally binding.
Q2: What if my spouse insists on going to court?
You can still try to encourage a collaborative approach by offering informational resources and setting a respectful tone. But if court becomes unavoidable, it is important to be legally prepared.
Q3: Can we file for divorce without finalizing everything else?
Technically yes, but it is not recommended. It is best to resolve issues like property, support, and parenting before asking the court to end your marriage.
Early in her legal practice, influenced by her late uncle who was a Justice of the Court of Queen’s Bench, Marla Miller, K.C. became a Family Law Mediator. She has been helping families through mediation for over 30 years. In 2001 she, along with Pierre Boileau, K.C. and others, was one of the founding members of the Association of Collaborative Professionals (Edmonton). She has been an active volunteer with that Association ever since.
One of the first Family and Divorce Lawyers in Edmonton to make a commitment to give up litigation as an option, Marla remains passionate about helping her clients settle outside of court by finding agreements that meet their needs and interests. As both a Registered Collaborative Family Lawyer and a Registered Family Mediator, Marla is one of the most experienced family Mediators in Edmonton.