FAMILY LAW

Contested vs. Uncontested Divorce in Alberta

Uncontested Divorce

• Both spouses agree on all major issues, including property division, child custody, and support.
• The process is straightforward, with minimal court involvement and usually no court appearances required.  
• Uncontested divorces are typically resolved faster, often within 3–6 months.
• Legal fees are significantly lower, generally ranging from $5,000 - $6,000 for this service.
• Court filing fees are separate: $260 for divorces without children and $360 with children.
• Uncontested divorces are usually 60–80% less expensive than contested divorces and offer advantages like less stress, greater privacy, and a quicker resolution.

Contested Divorce

• There are disagreements on one or more key issues (such as property, custody, or support), requiring legal intervention and court involvement.
• The process is more complex and can take 6–12 months or longer—sometimes up to several years for complicated cases.
• Legal fees are much higher, typically ranging from $7,000 to $80,000+, with an average of $23,730. Costs can exceed $100,000 if the case goes to trial. Our firm charges an $18,000 retainer for this service.
• Court filing fees apply in addition to legal costs.
• Contested divorces involve more stress, less privacy, and a longer timeline compared to uncontested divorces.

Key Points

• An uncontested divorce can become contested if disputes arise during the process; similarly, a contested divorce can become uncontested if both parties reach an agreement.
• Choosing an uncontested divorce, when possible, saves time, money, and emotional energy.

Should you choose to move forward, we will assist you through every step of the process, facilitating cooperation and success. If you'd like to know more about the process, don't hesitate to get in touch with us.