Divorce can be a stressful and confusing process, especially when you’re faced with legal paperwork. In Alberta, the journey to an official divorce begins with a key document called a Statement of Claim for Divorce. You’ll need to prepare and file a Statement of Claim for Divorce when you’ve decided to legally end your marriage and seek a divorce order from the court.

In Alberta, divorce isn’t automatic or granted just by living apart. It requires a court process. Without filing a statement of claim for divorce, the court does not have the authority to grant a divorce or address related issues like child support or division of property.

Statement of Claim for Divorce, Alberta

A Statement of Claim for Divorce is the formal legal document used to start a divorce action proceeding in Alberta. By filing this document with the court, one spouse, called the plaintiff, officially asks the Court of King’s Bench in Alberta to grant a divorce and possibly other related relief like child support, spousal support, or property division. The Statement of Claim sets out the basic details of the marriage and the breakdown of the relationship, and it lists what the filing spouse is asking for. It covers important details such as arrangements for any children, spousal support, and other claims the person filing the form is making. It tells the court and the other spouse, called the defendant, what the plaintiff wants to happen as part of the divorce.

Think of the Statement of Claim as the roadmap of the divorce. It defines the issues to be decided and lets the other spouse know that the divorce process has been started. If both spouses are cooperating, there is even an option to file a joint statement of claim for divorce, where both spouses sign together. However, in most cases, one spouse takes the lead as the plaintiff.

Even if you and your spouse have a separation agreement or have informally agreed to divorce, you still need to file a Statement of Claim to get an official divorce judgment from the court.

What Information Does the Divorce Statement Include?

The Statement of Claim for Divorce is a fill-in-the-blank form that covers all the key information about your marriage and what you are asking the court to decide. Here are the main pieces of information it normally includes.

Identification of the Parties

It lists your full legal name and your spouse’s name, along with contact addresses. The spouse filing is labelled as the plaintiff, and the other spouse is the defendant. It also notes the court jurisdiction and a court file number, which is assigned when the case is filed.

Marriage Details

The form will include details of your marriage, such as the date and place of marriage. This shows that a valid marriage exists, which the court can then dissolve through divorce. You will usually need to provide the original marriage certificate as proof when finalizing the divorce, but in the Statement of Claim, you at least state the marriage details.

Residency Confirmation

One of the requirements is Alberta residency for at least one year. The Statement of Claim will include a statement confirming that either the plaintiff or the defendant has been living in Alberta for at least one year before filing. This shows the court that it has the authority to hear the divorce.

Grounds for Divorce

The document will state the legal reason for the divorce, called the grounds for divorce. Under Canada’s Divorce Act, a divorce is granted if there has been a breakdown of the marriage, proven by one of a few possible reasons. The Statement of Claim will say whether the reason is a one-year separation, adultery, or cruelty, which will be part of the final divorce judgment. At least one of these grounds must be claimed in the Statement of Claim.

Often, even if something like adultery happened, couples choose to proceed based on a one-year separation because it is simpler and less confrontational. The chosen ground will be listed in the form.

Children and Parenting Claims

If you and your spouse have children together, the Statement of Claim will include information about the children and may outline the arrangements you are asking for, like custody and access. You will say what you propose in terms of parenting, like who the children will live with and how much time they will spend with each parent. Alberta courts encourage parents to agree on custody and access if possible, focusing on the best interests of the children. If an agreement isn’t in place yet, the Statement of Claim can explain what you are asking the court to order regarding parenting arrangements. It will also deal with child support, usually stating that child support will follow the Federal Child Support Guidelines.

Spousal Support

If the spouse filing the claim is seeking spousal support or thinks the other spouse might ask for it, the Statement of Claim document will include a section about spousal support. It can say whether support is being claimed and on what general basis. For example, the plaintiff might claim spousal support if they have a lower income or need financial help after separation. Details like amount or duration might not be fully worked out in this document, but it at least brings the issue to the court’s attention. If spousal support is claimed, the court will later decide whether it should be granted and, if so, how much. However, mentioning it in the Statement of Claim preserves the right to request it.

Property Division

In Alberta, property and debt division between spouses is handled by the Family Property Act. Often, couples will sort out property division in a separation agreement. However, if it’s not settled or the plaintiff wants the court to deal with it, the Statement of Claim may also include a claim for division of family property. There is a specific form for a Statement of Claim for Divorce and Division of Family Property if you are seeking both divorce and property orders simultaneously. This section would say that matrimonial property should be divided fairly, usually equally, unless special reasons apply. If property division is not included in the divorce claim, the divorce can still move forward on its own.

Other Orders Sought

The Statement of Claim can list any other relief you are asking the court for. For example, the plaintiff can request that the court order the other party to pay court costs. Generally, the claim will end with a section summarizing what the plaintiff wants, like an order for divorce, an order for child custody or parenting, child support as per guidelines, spousal support if asked for, division of property if needed, and court costs.

Notice to the Defendant

The last part of the Statement of Claim form is important information for the spouse who gets the papers. This section is usually called Notice to the Defendant, and it explains what the defendant must do if they want to oppose any claims. It clearly says the deadline to respond and warns that if the defendant does nothing, the divorce may go ahead without them, and a judgment could be made in their absence. It may also mention the requirement to attend the Parenting After Separation seminar if there are children and the divorce is contested. This notice ensures that the person served understands their rights and responsibilities when they receive the Statement of Claim.

Types of Statement of Claim for Divorce Forms

In Alberta, the type of Statement of Claim for Divorce form you use depends on whether you’re filing alone or jointly with your spouse, and whether you’re also asking the court to divide property. Understanding the differences between these forms is important so you can choose the one that matches your situation.

Here are the main forms used in Alberta:

 
• Statement of Claim for Divorce: This is used when you are filing on your own and asking the court for a divorce only. You can still include requests for custody, parenting time, child support, or spousal support, but not for property division. If you and your spouse already have a property agreement or will deal with property separately, this form is usually appropriate.
 
• Statement of Claim for Divorce and Division of Family Property: Use this form if you want the court to handle both the divorce and the division of family property (like the home, vehicles, or pensions). This is the current version that reflects Alberta’s Family Property Act, which replaced the old Matrimonial Property Act.
 
• Joint Statement of Claim for Divorce: This is for spouses who are filing for divorce together in a cooperative, uncontested situation. It can include parenting and support claims, but does not deal with property division.
 
• Joint Statement of Claim for Divorce and Division of Family Property: This form is used when both spouses are filing together and also want the court to divide family property as part of the divorce process. It combines all the key requests into one joint filing.

Choosing the right form helps set the tone for your divorce process. If you’re unsure which one applies to your situation, reviewing your priorities (like whether you need the court to divide property or whether you’re filing jointly) and speaking to a family law lawyer can help guide your decision.

At DLegal Law Office, we understand that divorce isn’t just about legal paperwork; it’s about protecting your future, your family, and your peace of mind. Whether you need advice on filing your Statement of Claim, understanding your rights, or handling property division, our experienced divorce lawyers are ready to help.

Reach out to DLegal Law Office today for a consultation and take the first step toward clarity and confidence in your divorce journey. Your future starts with the right guidance. Let’s talk.

The content of this article is intended to provide a general guide to the subject matter and should not be considered legal or other professional advice. To get detailed information regarding your specific circumstances, please discuss your situation with a lawyer or other professional. Refer to our Legal Notice  for more details.