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Served With Divorce Papers in Alberta? Response Options and Deadlines

Learn how to respond to a Statement of Claim for Divorce in Alberta: the three response options, the 20-day, one-month and 2-month deadlines, and default.

Family Law4 min readTSLBy the Treadstone Law Team · AlbertaUpdated November 13, 2026
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Key takeaways
  • 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 claimStatement of Defence, Form FL-4
Get notice of hearings but not opposeDemand for Notice, Form 13
Claim your own divorce or property reliefCounterclaim, 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 servedTime to respond
In Alberta20 days
Outside Alberta but in CanadaOne month
Outside Canada2 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.

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

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Alberta laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a lawyer who practises in Alberta. Reach us at 1-844-900-1070 or send our Team a message.

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