The Impact of Online Filing on Family Law Timelines and Costs
I have personally observed the conflict between couples separating to be worse than ever. When everyone is so dependent on technology, it is all too easy to cause harm to a former spouse by texting damaging and accusatory words in the heat of the moment. When choosing a lawyer, a person must ask themselves whether they want a costly fight or if they want to move forward with an amicable divorce.
The truth is that when spouses transition to being separated and co-parenting, keeping the peace becomes increasingly difficult. Our children are growing up exposed to stress and conflict, which impacts their brain development and their ability to think freely. This results in more addictions, relationship problems, and health issues. The new 2026 process, introduced through the family focused protocol, is a push by the Courts for a culture change.
The Courts are now putting lawyers to the task of solving problems outside the Court. Lawyers like me, trained as collaborative family lawyers, understand that keeping people out of Court is a good thing.
We want the families in our communities to be able to develop a co-parenting plan and solve problems on their own, without spending thousands of dollars on lawyer fees to obtain an outcome beyond their control.
One practical consequence of this shift is how the Courts now distinguish between urgent and non-urgent family law issues. While truly urgent matters involving the safety of children or other parties continue to have access to an expedited Court process, many issues that were previously brought before the Court on an urgent basis are now expected to be addressed through advance planning and the regular family process.
For example, this means that vacations with your children that require the other spouse’s consent, or holiday parenting time, must be addressed at least 3 months in advance, through disclosure, negotiation, or alternative dispute resolution rather than last-minute Court applications.
Breakdown of the Regular Family Process as of January 2, 2026
Below is an oversimplified breakdown of the new 2026 process. Any unique circumstances will require extra work that is not detailed here.
1. Mandatory Requirements
Everyone must now meet the Mandatory Intake Triage Requirements before bringing a matter to Court. The requirements & steps consist of:
- Complete the free online Parenting After Separation course within the last two years and produce a certificate of completion.
- Alternative Dispute Resolution (ADR)
- ADR is an out-of-Court process, such as divorce mediation or settlement meetings with lawyers present (four-way meetings). This mandatory ADR attempt must have been made within 6 months of bringing the matter to Court.
- The Courts offer free mediation where one spouse earns less than $60,000.00.
- Full disclosure must be produced. The list of disclosures required is listed in the notice to disclose desk application form located here.
- People without lawyers (self-represented litigants) must meet with a Family Court Counsellor, who is available in Calgary, Edmonton, or Red Deer.
If, for any reason, the Mandatory Requirements are not met, there is an option to apply to waive these requirements under special circumstances.
2. MIT Triage and CMO Process
Documents are filed with the Courts to request a Mandatory Intake Triage (MIT) Conference. The filed documents are served upon the opposing party. Once an Affidavit of Service has been uploaded, there is a 14-day “snooze” period. If you are the recipient of such documents, this 14-day period is the opportunity to file your own disclosure package.
After 14 days, your MIT package will be reviewed by the case management officer. During this process, the officer reviews whether any further information is required. The officer will either reject the MIT package and send it back for further work or will certify the MIT package, sending the matter to be booked for an MIT conference before a Justice. The conference must be booked within 30 days of receipt of the booking link.
3. MIT Conference Before an MIT Justice
The MIT conference is an opportunity to have interim Court Orders and procedural orders granted. The Justice will determine what is required for the next step, which is a settlement conference.
4. Settlement Conference
Once all disclosures have been filed and the issues have been narrowed and clarified, the matter will be scheduled for a 2.5-hour settlement conference before a different Justice. The hope is that all matters will be resolved at this stage through an uncontested divorce, if possible.
5. Litigation Plan Before Trial
If the settlement conference is unsuccessful, the parties will develop a litigation plan with trial deadlines.
6. Trial
The goal is to schedule the trial within 18 months of the settlement conference.
How Does the Family Focused Protocol Affect Claimants Filing for Divorce?
For claimants filing for divorce, the family-focused protocol requires key procedural steps to be completed earlier and shifts Court involvement to later stages of the process. Claimants are expected to complete key steps, such as disclosure, parenting education, and attempts at alternative dispute resolution, earlier in the process, thereby shifting the initial focus away from immediate Court appearances.
In practical terms, this requires earlier organization of financial and parenting information and earlier participation in settlement-focused discussions.
Navigating Divorce Under Alberta’s Updated Family Law Process
The family-focused protocol represents a significant change in how we handle family law matters. The rationale is to avoid having to attend Court multiple times before obtaining a final order.
I anticipate that legal fees will be higher at the beginning stages of the process while efforts are made to settle and resolve matters outside of Court. This process eliminates strategic delays, which is a positive change for those who are prepared to move forward.
As a lawyer working with Prowse Barette LLP, I have been an advocate for change to our family law systems from the outset and welcome this new paradigm shift as a challenge for lawyers to make meaningful efforts to keep processes out of Court.
If you are considering separation or divorce, or if you are affected by the new family law procedures in Alberta, speaking with a lawyer can help you understand your options and obligations under the updated process.
To learn more about Prowse Barrette LLP’s family law services, you may contact our office to arrange a consultation. Call (780) 439-7171, email info@prowsebarrette.com, or reach out online.