- The deadline runs from service of the Statement of Claim: 20 days in Alberta, one month elsewhere in Canada and 2 months outside Canada.
- The response must be both filed and served on the plaintiff within that time.
- If no defence or demand for notice is filed, the plaintiff can have you noted in default.
If you have been served with a divorce claim in Alberta, the first question is how long you have to respond. If you are the one waiting on your spouse, you need the same answer to know when you can move ahead.
This article gives the time limits, explains what a Statement of Defence is and describes what can happen if the deadline is missed. Because the consequences of a missed deadline can be serious, it is worth getting advice early.
This article covers the law of Alberta.
The deadline depends on where you were served
In an Alberta divorce, the time to respond is counted from service of the Statement of Claim. The length depends on where the service took place.
| Where you were served | Time to file and serve a response |
|---|---|
| In Alberta | 20 days |
| Outside Alberta but in Canada | One month |
| Outside Canada, for example abroad | 2 months |
The same periods appear in Rules 12.12(2) and 3.31(3) of the Alberta Rules of Court. The defendant must file the response and serve it on the plaintiff within that time. Other civil processes in Alberta can have different time limits, so do not rely on a deadline you have heard about from a different type of case.
What a Statement of Defence is
A Statement of Defence is the document in which you tell the Court that you oppose the divorce claim. In Alberta it is filed in Form FL-4. You are not limited to one kind of response, though. The rules set out three choices:
- A Statement of Defence (FL-4), if you oppose the claim.
- A Demand for Notice (Form 13), if you want notice of hearings but do not oppose the claim.
- A counterclaim (FL-5, FL-6 or FL-7), if you want to claim for your own divorce or property relief.
If you agree with the divorce but want to be told what is happening, a Demand for Notice may be the more fitting response. Which document suits you depends on your situation, and a lawyer can help you choose.
How to count the days
The time is counted from service of the Statement of Claim, so the date and place you were served are the key facts to confirm. The claim should have been left with you personally, not with your lawyer, unless the Court ordered otherwise. If you think service was not done correctly, raise it quickly with a lawyer rather than waiting to see what happens.
A spouse served outside Alberta but in Canada has one month, and a spouse served outside Canada has 2 months, instead of 20 days, to file and serve a Statement of Defence. The Alberta Rules also have separate provisions on serving documents outside Alberta and in Hague Convention countries, so a lawyer can confirm how those apply.
Remember that both steps are required: filing the document with the Court and serving it on the plaintiff. Filing documents with the Court of King's Bench can be done by email if the Court's format rules are followed, and you should not send the same document both by email and in person.
What happens if the deadline is missed
If a defendant does not file a statement of defence or demand for notice, the plaintiff may file an affidavit of service and either enter judgment under Rule 3.38 or 3.39, or ask the court clerk to note the defendant in default using Form 14.
From there, the plaintiff may apply for a divorce judgment on paper without any appearance, where the defendant has been noted in default. A judge still reviews the file and can require further evidence or an appearance.
If your deadline has passed or is close, what you can still do depends on your situation, so do not assume it is safe to wait and it is worth confirming your options with a lawyer. Speak to a lawyer promptly.
What to do next
- Find the date and place you were served.
- Work out your deadline: 20 days, one month or 2 months from service.
- Decide whether to oppose, ask for notice only, or make your own claim.
- Prepare the right form: FL-4, Form 13, or a counterclaim.
- File the response and serve it on the plaintiff before the deadline.
- Get legal advice quickly if the deadline is close or has passed.
Frequently asked questions
How many days do I have to respond to a divorce claim in Alberta?
You have 20 days if you were served in Alberta, one month if served outside Alberta but in Canada, and 2 months if served outside Canada. The time is counted from service of the Statement of Claim.
Do I have to serve my Statement of Defence as well as file it?
Yes. The defendant must file the response and serve it on the plaintiff within the time allowed.
Can I just ask for notice instead of opposing the divorce?
If you do not oppose the claim but want notice of hearings, you file a Demand for Notice in Form 13. If you want your own divorce or property relief, you file a counterclaim instead.
What if I miss the deadline?
The plaintiff may have you noted in default or enter judgment under the rules. Once a defendant has been noted in default, the plaintiff can apply for a divorce judgment on paper without anyone appearing. The Court can still direct an appearance, require further evidence or send the matter to a trial on oral evidence. How this applies depends on your situation, so it is worth confirming with a lawyer as soon as possible.
Sources
- Alberta Rules of Court, r. 12.55 — kings-printer.alberta.ca
- Court of King's Bench – Guidelines for Documents filed by Email or Digital Upload — albertacourts.ca
- Court of King's Bench – Email filing of court documents — albertacourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
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