Statement of Claim for Divorce in Alberta: What It Contains

The Statement of Claim for Divorce is the document that starts a divorce when one spouse applies. It tells the court and your spouse that you are asking for a divorce.

This article explains what it is, which related documents go with it, how it is filed and served, and what happens next.

This article covers the law of Alberta.

What the claim is

A one-spouse divorce starts with the Statement of Claim for Divorce, Form FL-01, under Rule 12.7 of the Alberta Rules of Court. The person who files is the plaintiff and the other spouse is the defendant.

A divorce is granted on the single ground that the marriage has broken down. That is established by one year of living separate and apart, adultery, or cruelty. You can start before the year of separation is complete, but cannot ask for the Divorce Judgment until it has passed.

Adultery and cruelty are alternatives to the one-year separation, so a spouse who relies on them does not have to wait a year first. Spouses can be separated while still under one roof only if they are in fact living apart, which is a question of fact for the court. The separation period is not interrupted if you resumed living together for no more than ninety days in total with reconciliation as the main purpose.

Residence also matters. As a general rule, a court in a province can hear a divorce only if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts. Only one spouse needs to meet that test. There is a narrow exception: spouses who were married in a Canadian province but do not live in Canada may get a divorce from the court of the province where they married, if they have lived separate and apart for at least one year and both live in a state that will not grant a divorce because it does not recognize the marriage. The Court of King's Bench of Alberta is the court that grants divorces in Alberta, and the Court of Justice cannot grant one.

Variations of the claim

Self-represented parties are asked to attend a Court and Justice Services office to have the Statement of Claim for Divorce with Children reviewed before filing.

In a joint divorce both spouses are applicants and sign the joint documents, so no service on a defendant is needed. Joint divorce is for spouses who agree, and the joint forms are still split into packages with and without dependent children.

Supporting documents

The uncontested package includes the Request for Divorce (Form FL-21), the Affidavit of Applicant for Divorce (Form FL-23), an affidavit of service, and the Divorce Judgment (Form FL-25). Every desk divorce package must include a Desk Divorce Package Checklist.

• If there are dependent children, the documents add the Child Support Data Sheet, a Notice of Mandatory Seminar, and the Divorce Judgment and Corollary Relief Order (Form FL-26).
• If the defendant does not respond, Noting in Default is used.

In a desk divorce the court decides on paper, without oral evidence, on the Request for Divorce and the supporting affidavits. Where there are children, the court must be satisfied that reasonable arrangements have been made for their support.

Filing, fees and service

The commencement fee listed for a Statement of Claim for Divorce is $310, including a $10 Central Registry fee. Confirm the current amount before filing. After approval, filing with Court and Justice Services can be made by Interac, Visa or Mastercard.

Alberta has a fee waiver for people who cannot afford court filing fees, and eligibility depends on household income being below set thresholds. The waiver page does not mention divorce specifically, and other costs such as search requests or photocopying may still apply, so confirm with the court registry whether it applies to your filing.

The claim must be served on the defendant within one year after it is filed, and the Court can extend that time on an application made before the year expires. If it is not served in time, no further proceeding may be taken against a defendant who was not served in time.

The Court's instructions say the plaintiff cannot serve personally, and a third party must; hiring a process server is strongly recommended. Service may be by leaving the document with the individual or by recorded mail. Proof is usually an affidavit stating the date, place and method of service. If service is impractical, the Court may order substitutional service on application.

After service, and what to do next

A spouse contesting the claim has 20 days if served in Alberta, 1 month if served elsewhere in Canada, and 2 months if served outside Canada. A spouse who contests nothing need not respond. A Statement of Defence or Counterclaim makes it a contested divorce.

Once a judgment granting the divorce is rendered, the divorce takes effect on the thirty-first day after that day. A court can shorten that period only in special circumstances, where the spouses agree and undertake that no appeal will be taken. In Alberta, after the Divorce Judgment is signed, you wait 31 days and then request the Certificate of Divorce through the online request form on the Court of King's Bench website.

• Confirm residence: one spouse in Alberta for at least one year, unless the narrow exception for spouses married in Canada who live abroad applies.
• Choose the right form for divorce only or with property.
• Gather your marriage details, separation date and any children's information.
• Arrange a process server and keep the sworn proof of service.
• Diarize the one-year service deadline.
• Have a lawyer review the claim, especially if property or children are involved.

Frequently asked questions