Joint Divorce vs Simple Divorce in Alberta

Alberta offers two distinct paths for an uncontested divorce: a joint application (both spouses file together as co-applicants) and a sole application (one spouse files and serves the other). Both end up as desk divorces reviewed administratively — no court appearance required. But the procedural differences between them matter for your timeline, costs, and paperwork.

Joint Divorce: Filing Together

In a joint divorce, both spouses sign Form FL-08 (Joint Statement of Claim for Divorce) and present a united front from the start.

Key features:

• Both spouses are co-applicants — neither is a "defendant"
• No formal service of process is required (both parties sign the filing documents)
• The ground for divorce must be one-year separation — adultery and cruelty are not available as grounds for joint applications
• Both spouses sign the Request for Divorce (Form FL-22) and the Affidavit of Applicant (Form FL-24)
• Typically the fastest desk divorce path: 8 to 12 weeks from submission to signed judgment

Joint divorce works well when both spouses are communicating, agree on terms, and can coordinate signing documents together. It eliminates the cost of hiring a process server and removes the 20-day response window that a sole application requires.

Sole (Simple) Divorce: Filing Alone

In a sole or "simple" divorce, one spouse (the applicant/plaintiff) files Form FL-01 (Statement of Claim for Divorce) against the other spouse (the defendant).

Key features:

• Only the applicant signs the initial filing
• The Statement of Claim must be formally served on the defendant by a third-party adult — the applicant cannot serve the papers
• Under Rule 12.57, the server must attach a photograph of the defendant to the Affidavit of Service
• The defendant has 20 days to respond (if served in Alberta), 30 days (elsewhere in Canada), or 60 days (outside Canada)
• If the defendant does not respond, the applicant files Form 14 (Noting in Default) and proceeds as an uncontested desk divorce
• All three grounds for divorce are available: one-year separation, adultery, or cruelty

A sole application is necessary when one spouse is uncooperative, unreachable, or unwilling to participate. It also accommodates situations where adultery or cruelty is the ground.

Side-by-Side Comparison

Which Should You Choose?

Choose joint if both spouses are communicating, agree on the terms, and can be in the same room (or coordinate remotely) to sign documents together. It is faster and avoids the logistics and cost of formal service.

Choose sole if the other spouse is uncooperative, cannot be located, lives outside the province, or if you need to file on grounds of adultery or cruelty. You can also file sole when the other spouse is cooperating but simply prefers not to co-sign filings — they can choose not to respond, allowing you to proceed through default.

What Happens After You Choose

Both paths converge at the Desk Divorce Package submission. The Alberta Divorce Filing Process Guide covers the complete workflow for both joint and sole applications — including which forms to use, what the clerk checks, and how to avoid rejection under the three-strike pilot program.

See more Alberta guides →