What Is a Demand for Notice in an Alberta Divorce?

You have been served with a Statement of Claim for Divorce in Alberta. Maybe you agree the marriage is over and do not plan to fight it. You may still want to know what happens next, and when.

The Alberta Rules of Court give you more than one way to respond. Which one fits depends on whether you oppose the divorce, simply want to stay informed, or want to ask for something of your own. This article walks through those choices, the time limits, and what happens if you do nothing.

This article covers the law of Alberta.

Your three ways to respond

Under Rule 12.11, what you file depends on what you want. Each option has its own form.

The divorce claim itself starts in the Court of King's Bench with a Statement of Claim for Divorce in Form FL-1.

What a Demand for Notice does

A Demand for Notice is for a defendant who wants notice of hearings but does not oppose the claim. In plain terms, you are telling the Court and the other spouse that you are not fighting the divorce, but you want to be kept in the loop.

This matters because a defendant who files neither a Statement of Defence nor a Demand for Notice can be treated as having not responded at all. Filing a Demand for Notice is the step the Rules set out for a defendant who wants notice of hearings without opposing the claim.

• Choose it if you agree with, or will not contest, the divorce.
• Choose a Statement of Defence instead if you disagree with the claim.
• Choose a counterclaim if you want the Court to deal with your own request for divorce or property relief.

Time limits to file and serve

You must file your response and serve it on the plaintiff within the time allowed. The time is counted from the day the Statement of Claim was served on you.

Count carefully from the date of service, not the date you first read the papers. If you are close to the deadline or unsure when you were served, speak to a lawyer promptly.

What happens if you file nothing

If a defendant files neither a statement of defence nor a demand for notice, the plaintiff may file an affidavit of service and ask the court clerk to note you in default, using Form 14. Noting in default is a step toward an uncontested divorce.

The divorce can then go ahead as a desk divorce, meaning a judgment without anyone appearing in court. One of the situations where this is allowed is when the defendant has not filed a defence or demand for notice and has been noted in default.

A desk divorce is not automatic, though. The judge reviewing the file can direct an appearance, require further evidence, or send the applicant to a trial on oral evidence. A hearing is required only if the Court orders one.

The Court must also be satisfied that reasonable arrangements have been made for the support of any children of the marriage. If child support arrangements are not made, it must stay the granting of the divorce until they are. The Court's uncontested forms cover only divorces where parenting, decision-making and support are settled, and they do not deal with property division. If property matters to you, a counterclaim may be worth discussing with a lawyer.

What to do next

• Find the date you were served and work out your deadline using the table above.
• Decide your position: oppose, stay informed, or ask for something of your own.
• Gather the Statement of Claim and any other papers you received.
• File the right form and serve it on the plaintiff within the time allowed.
• Keep copies of everything you file and the proof of when you served it.
• Speak to a lawyer if you have children, property, or a deadline concern, because your choice affects what the Court can decide.

Frequently asked questions