Fee Waiver for Divorce in Alberta: Income Limits and How to Apply

Filing for divorce in Alberta costs CA$310 — the CA$300 court commencement fee plus a CA$10 federal registration charge. For people in financial difficulty, the Court of King's Bench offers a fee waiver program that reduces all filing fees to zero.

Here is how the waiver works, who qualifies, and what you need to apply.

Income Thresholds

To qualify for a fee waiver, your gross family income (all income sources for everyone in your household) must fall below these thresholds set by the Government of Alberta:

These limits are reviewed periodically by the Ministry of Justice, so confirm the current numbers before applying.

Required Documents

You need physical copies of financial records proving your household income falls below the threshold:

• Most recent CRA Notice of Assessment — confirms your reported income for the last tax year
• Pay stubs for the last 3 consecutive months for every income earner in the household
• Employment Insurance or social benefit statements (last 3 months) if you are receiving benefits instead of employment income

If you have no income at all, you still need documentation — the CRA Notice of Assessment or benefit statements establish your situation.

How to Apply

1. Obtain the Fee Waiver Application form from a Court and Justice Services (CJS) office or download it from the Alberta Courts website.
2. Complete the form with your household size, income details, and the court action you need the waiver for.
3. Gather your supporting income documents.
4. Take everything to the Court of King's Bench Registry where you plan to file your divorce. A Court Clerk or Applications Judge reviews the application and, if approved, signs off before you file your Statement of Claim.

The waiver must be approved before you file — you cannot file first and apply for a waiver retroactively to recover the fee.

One important restriction: if there is a co-plaintiff on your action who has the financial capacity to pay the fees, the waiver cannot be granted. This typically applies only to contested cases where multiple parties are joined.

What the Waiver Covers

An approved waiver eliminates all court filing fees for your divorce action — the initial CA$310 Statement of Claim fee, any chambers application fees (CA$100 each), and other registry charges that arise during the proceedings. It does not cover non-court costs like process server fees or Commissioner for Oaths charges.

Other Ways to Reduce Costs

Beyond the fee waiver, Alberta has several resources for people who cannot afford legal representation:

• Calgary Legal Guidance offers free legal advice and "Do Your Own Divorce" clinics for qualifying low-income individuals
• Student Legal Services of Edmonton runs pro-bono divorce clinics supervised by advising lawyers
• Court and Justice Services coordinators at each courthouse can help you locate the correct forms and explain procedural requirements at no charge

The Alberta Divorce Filing Process Guide covers the full process for self-represented filers, including a document preparation checklist that helps you avoid paid professional assistance for straightforward uncontested divorces.

See more Alberta guides →