What Is a Statement of Claim for Divorce in Alberta?

A Statement of Claim for Divorce is the court document that initiates a divorce action in Alberta. It identifies the spouses, states the legal grounds for divorce, and tells the Court of King’s Bench what orders the person filing is requesting. That may include a divorce judgment and, depending on the circumstances, orders about parenting or support.

Filing the claim does not end the marriage. The other spouse must be served, and further steps are required before a court can grant a divorce. Alberta’s standard Statement of Claim for Divorce is Form FL-01. The court also provides separate forms for a joint divorce claim and for a claim that includes division of family property.

Who Can File a Statement of Claim for Divorce in Alberta?

A married person can start a divorce action in Alberta if either spouse has lived in the province for at least one year before the claim is filed. The person filing is called the plaintiff; the other spouse is the defendant. People who were never legally married do not need a divorce judgment to end their relationship, although they may still need to resolve parenting, support, or property matters.

The claim must state a ground for divorce. Under Canada’s Divorce Act, a marriage breakdown can be established through one year of separation, adultery, or physical or mental cruelty. A person relying on separation can file before the full year has passed, but cannot obtain the divorce judgment on that ground until the year is complete.

At the beginning of the separation period, couples can be legally separated while living under the same roof. Spouses can get back together for up to 90 days (consecutive or combined) to try and work things out. If the reconciliation fails, they can separate again without voiding the one-year term.

What Information Does the Statement of Claim for Divorce Include?

The Statement of Claim sets out the facts and orders the court needs to consider. Depending on the family’s circumstances, it may include:

The spouses’ names, marriage details, and Alberta residence
The grounds for divorce
Information about any children of the marriage
Existing agreements or relevant court proceedings
Requests concerning parenting, child support, or spousal support
The specific orders the plaintiff wants the court to make

The orders requested deserve careful attention. For example, if the spouses need the court to divide family property, the court lists Form FL-03, Statement of Claim for Divorce and Division of Family Property, separately from the standard divorce claim. The court’s basic uncontested divorce instructions do not deal with property division.

How Is a Statement of Claim for Divorce Filed and Served?

The plaintiff files the completed claim with the Court of King’s Bench of Alberta. Once filed, a copy must be formally delivered, or served, on the defendant. Filing a document with the court does not, by itself, notify the other spouse.

For the standard individual divorce process described in Alberta’s instructions, someone over 18 must personally hand the filed claim to the defendant; the plaintiff cannot serve it themselves. The person who serves it then completes an affidavit of service so there is a record of when and how service occurred. If personal service is not possible, the plaintiff may need a court order authorizing an alternative method of service. Service outside Canada can involve additional requirements.

How Long Does the Other Spouse Have to Respond to a Statement of Claim For Divorce?

Typically, the other spouse is given twenty days to respond to a Statement of Claim for Divorce, but the response period depends on where the defendant is served. Alberta’s divorce instructions set out these periods:

Where the defendant is served	Time to respond
In Alberta	20 days
Elsewhere in Canada	One month
Outside Canada	Two months

How The Other Spouse Can Respond to a Statement of Claim

A defendant who disagrees with what the plaintiff is seeking may file a Statement of Defence. Depending on what they want the court to decide, they may also file a Counterclaim. A Demand for Notice is another response form listed by the court; it allows the defendant to receive notice as the case proceeds. Because the time starts from the service, anyone who has received a claim should check the service date promptly.

What Happens if a Spouse Can’t Be Located?

If a spouse can’t be located for personal service, the plaintiff can apply for an order permitting substitutional service. This is an alternative method of delivering the Statement of Claim. The divorce can still proceed, but only once the court approves how the claim will be served.

To get the order, the plaintiff files an application supported by an affidavit that explains:

Why personal service isn’t possible or practical
What the plaintiff knows about the spouse’s whereabouts, such as a last known address, workplace, or email, and how they know it
Why the proposed method is likely to bring the documents to the spouse’s attention

Approved and Unapproved Ways to Serve a Statement of Claim for Divorce

Serving a Statement of Claim for Divorce requires certain steps to be followed. Primarily, the claim must be served in a manner approved under Alberta law. Any initial attempts must be hand-delivered directly to your spouse by a neutral third party over the age of 18 (a friend, family member, or hired professional process server). The server must complete an Affidavit of Personal Service, which typically includes a photo or a verified description to prove that the correct person received the documents.

If it isn’t possible to complete the standard methods of service, a Statement of Claim for Divorce can be delivered through Substitutional Service (Alternative Method. A plaintiff must apply to the Court of King’s Bench of Alberta for an Order for Substitutional Service. Methods the court may approve include:

Emailing the claim
Leaving it with a relative whom the spouse keeps in contact with
Posting it on the door of the spouse’s residence
Placing a newspaper advertisement
Social media messaging (such as Facebook)
Registered mail to a last known address

Alberta’s court instructions state that serving documentation through teachers or children will not be accepted. Methods of Substitutional Service must be approved by the court prior to undertaking them; otherwise, these methods are invalid and may affect the case at hand.

After service is carried out as the order directs, the response period begins as usual. If the spouse does not respond, the plaintiff can proceed to the next steps, such as entering default against the defendant. Because the application depends on showing real efforts to find the spouse, it helps to keep a record of every attempt: addresses checked, messages sent, and people contacted.

How Does a Statement of Claim for Divorce Affect Parenting Concerns?

A Statement of Claim for Divorce is a document in which the plaintiff asks the court to decide parenting and child support issues as part of the divorce. If the spouses have children, the claim should set out the orders requested for:

Decision-making responsibility: Who makes major decisions about the child’s health, education, religion, and activities
Parenting time: The schedule each parent spends with the child
Child support: Calculated under the Federal Child Support Guidelines

Since the 2021 amendments to the Divorce Act, courts use these terms instead of “custody” and “access.” Every parenting order is decided based on the best interests of the child. That includes the child’s needs, the history of care, the child’s views where appropriate, and any family violence.

Filing a claim that involves children also triggers specific requirements:

Parenting After Separation course: When parenting or child support is an issue, both parents must generally complete the course within three months of filing or being served. It is not required when all children are 16 or older, or live outside Canada.
Notice of Mandatory Seminar: The plaintiff must serve this notice on the other spouse at the same time as the Statement of Claim.
Child support arrangements: A court will not grant a divorce unless it is satisfied that reasonable arrangements have been made for the support of any children.

Filing a claim does not change existing parenting arrangements. Until the court issues an order, any current agreement or order remains in effect. A parent who needs arrangements while the divorce is ongoing can apply for an interim parenting or support order.

What Happens After the Statement of Claim for Divorce Is Served?

The next steps depend on whether the divorce and related issues are disputed. If the defendant does not respond within the applicable period, the plaintiff may be able to note the defendant in default and continue with the required divorce documents. A missed response deadline does not automatically produce a divorce judgment.

If the spouses have resolved the issues required for an uncontested divorce, the plaintiff may submit a desk divorce package for the court’s review without an oral hearing. If parenting, support, property, or other requested orders remain contested, the matter may require further disclosure, dispute resolution, and court steps. The Court of King’s Bench introduced its Family Focused Protocol in January 2026 for many family matters seeking court relief; the court states that existing desk divorce filing processes continue.

Is a Statement of Claim the Same as a Divorce Judgment?

A Statement of Claim and a Divorce Judgement are not the same. The Statement of Claim initiates the case and sets out what the plaintiff is seeking. A Divorce Judgment is the court’s decision granting the divorce after the necessary legal and procedural requirements have been met.

This distinction matters when spouses have already separated or reached an agreement. An agreement can settle important issues between them, but it does not itself grant a divorce. Likewise, filing a claim does not mean the court has approved the requested parenting, support, or property terms.

Frequently Asked Questions

What other documents can be filed at the same time as a Statement of Claim for Divorce?

Several documents can be filed or served along with a Statement of Claim for Divorce in Alberta. The most common are a Notice to Disclose and, when the spouses have children, a Notice of Mandatory Seminar. The plaintiff files the claim with the Court of King’s Bench and pays a filing fee. The clerk then returns a stamped copy to serve on the defendant.

Documents often filed or served with the claim include:

Notice to Disclose (Form FL-36) requires the other spouse to provide financial information, such as income tax returns, within 30 days. It is commonly used when child support, spousal support, or property division is requested.
Notice of Mandatory Seminar: tells the other spouse they must complete the Parenting After Separation course. The court generally requires this when the spouses have children under 16.
Child Support Data Sheet: used by self-represented parties when child support is requested.

Other documents, such as the Affidavit of Service, the Affidavit of Applicant for Divorce (Form FL-23), and the Request for Divorce (Form FL-21), are filed later, after service and once the response period has ended.

What constitutes grounds for divorce?

Under the Federal Divorce Act, the only ground for divorce is a breakdown of the marriage. A breakdown can be shown in one of three ways:

Separation: the spouses have lived separate and apart for at least one year. Spouses may be considered separated even when living under the same roof if they no longer live as a couple.
Adultery: the other spouse had a sexual relationship with someone else.
Physical or mental cruelty: the other spouse’s conduct makes continued cohabitation intolerable.

Most divorces in Alberta rely on one year of separation. It does not require proof of wrongdoing and is less likely to be contested. Adultery and cruelty claims must be proven with evidence. The spouse accused of the conduct cannot be the one who relies on that claim as grounds for divorce. A person relying on separation can file the claim before the year is complete, but the divorce cannot be granted until the full year has passed.

What happens if my spouse or partner doesn’t agree to divorce?

A spouse cannot stop a divorce simply by refusing to agree. If the legal requirements are met, such as a one-year separation, the court can grant the divorce without the other spouse’s consent.

A spouse who disagrees can file a Statement of Defence to contest the grounds for divorce or the orders requested, such as parenting, support, or property division. Once a defence is filed, the case becomes contested. It may involve financial disclosure, questioning, dispute resolution, and, if no settlement is reached, a trial. This can take months or longer.

In some cases, the court may refuse or delay a divorce, for example:

The spouses agreed to fabricate or hide evidence about the grounds (collusion).
The spouse claiming adultery or cruelty forgave or encouraged the conduct.
Reasonable arrangements have not been made to support any children.

Often, the real disagreement is about the terms, not the divorce itself. In that situation, the court can grant the divorce and deal with parenting, support, or property issues separately.

What happens if the response deadline is missed?

If the response deadline for a Statement of Claim for Divorce is missed, the plaintiff can ask the court to note the defendant in default. The defendant would then lose the opportunity to contest the claims in the Statement of Claim, and the plaintiff can proceed without input from the defendant. The deadline is 20 days if served in Alberta, one month if served elsewhere in Canada, and two months if served outside Canada.

After noting the defendant in default, the plaintiff can file the documents needed for a desk divorce, including the Affidavit of Service, Request for Divorce, Affidavit of Applicant, and a draft Divorce Judgment and Corollary Relief Order. A judge can then decide the divorce, and any parenting, support, or property orders requested, based on the plaintiff’s evidence alone.

A missed deadline is not always final. Under the Alberta Rules of Court, a defendant can apply to have a note in default set aside. The court usually expects the application to be made promptly, with a reasonable explanation for the delay and a genuine defence.

How Kirk Montoute Dawson Can Help Before Filing or Responding to a Claim for Divorce

Kirk Montoute Dawson LLP’s Calgary family lawyers can help review your options, prepare or respond to divorce documents, and work toward a practical resolution. The wording of a divorce claim can affect which issues are before the court, particularly where children, support, family property, or existing orders are involved. It is equally important for a person served with a claim to understand what has been requested and when a response is due. Contact the firm to discuss your circumstances.

What is a Statement of Claim for Divorce in Alberta?