- You have three ways to respond to a divorce claim in Alberta: a Statement of Defence, a Demand for Notice, or a counterclaim.
- Your time to respond runs from the day you were served: 20 days in Alberta, one month elsewhere in Canada, or 2 months outside Canada.
- If you file nothing, you can be noted in default and a desk divorce can go ahead without you.
Being handed divorce papers is stressful, even when you saw it coming. In Alberta, a divorce under the Divorce Act starts when your spouse files a Statement of Claim for Divorce in Form FL-1 in the Court of King's Bench and has it served.
What you do next, and how quickly, matters. This article explains your three response options, the deadlines, what can happen if you do nothing, and a few points about service and filing. It is general information, not advice for your situation.
This article covers the law of Alberta.
Check how you were served
A divorce claim must be served by leaving a copy with you personally, not with your lawyer, unless the Court orders otherwise. The person who serves you must be someone other than the plaintiff, who is the spouse who started the claim.
Proof of service filed with the Court must include a picture of the person served, unless the Court orders otherwise. If you think service was not done properly, a lawyer can tell you whether that affects your deadline.
Your three ways to respond
| If you want to... | File this |
|---|---|
| Oppose the divorce claim | Statement of Defence, Form FL-4 |
| Get notice of hearings but not oppose | Demand for Notice, Form 13 |
| Claim your own divorce or property relief | Counterclaim, Form FL-5, FL-6 or FL-7 |
These options come from Rule 12.11 of the Alberta Rules of Court. Which one fits depends on what you agree with and what you want from the Court. A lawyer can help you choose, especially if children or property are involved.
Deadlines: counted from the day you were served
The time to respond is counted from service of the Statement of Claim. You must both file your response and serve it on the plaintiff within that time.
| Where you were served | Time to respond |
|---|---|
| In Alberta | 20 days |
| Outside Alberta but in Canada | One month |
| Outside Canada | 2 months |
These periods appear in Rules 12.12(2) and 3.31(3). A spouse served elsewhere in Canada has one month, and a spouse served abroad has 2 months, instead of 20 days.
What happens if you do nothing
If you do not file a statement of defence or 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. The plaintiff may instead enter judgment under rule 3.38 or 3.39 once the affidavit of service is filed, rather than only having the defendant noted in default in Form 14.
Once you are noted in default, the plaintiff may apply for a desk divorce, which is a judgment without any appearance by the parties or lawyers. A judge can still require more evidence, direct an appearance, or send the matter to trial. How a missed deadline affects your ability to take part in the early steps depends on your situation, so it is worth confirming with a lawyer.
Filing your response and next steps
Self-represented people can file by email or in person, but not through the Family and Divorce Filing Digital Service, which is for lawyers and legal assistants. Emailed documents must follow the Court's rules or they will not be accepted. Do not send the same document both by email and in person, to avoid duplicates and fees.
- Note the date and place you were served, and count your deadline from that day.
- Read the Statement of Claim and decide whether you oppose it, agree, or want your own claim.
- Choose the right form: FL-4, Form 13, or a counterclaim.
- File the response and also serve it on the plaintiff within the deadline.
- Follow the Court's email or in-person filing rules, and do not file the same document both ways.
- Speak with a lawyer early, particularly if children, support or property are involved.
Frequently asked questions
Can I ignore divorce papers in Alberta?
Ignoring them is risky. If you file nothing, you can be noted in default, and a desk divorce can go ahead without you. A judge may still ask for more evidence or a hearing.
Do I need to file and serve my response?
Yes. You must file the response and serve it on the plaintiff within your deadline.
What if I am served outside Alberta?
If you are served outside Alberta but in Canada, you have one month. If you are served outside Canada, you have 2 months.
What if I agree with the divorce?
You can file a Demand for Notice in Form 13 if you want notice of hearings but do not oppose. Whether that suits you depends on what else is at stake, so a lawyer can help you decide.
Sources
- Alberta Rules of Court, Alta Reg 124/2010, r. 12.7 — 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 Procedures notice — albertacourts.ca
- Court of King's Bench – Family and Divorce Filing Digital Service announcement — 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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