- A served spouse has 20 days to respond if served in Alberta, 1 month elsewhere in Canada and 2 months outside Canada.
- If your spouse does not respond, you can usually use Noting in Default and a desk divorce decided on paper.
- If your spouse files a defence or counterclaim, the divorce is no longer an uncontested desk divorce.
You filed for divorce, had your spouse served, and now there is silence. No reply, no signature, no phone call. It is common to worry that the divorce is stuck.
In Alberta, a spouse who ignores the papers generally cannot stop the divorce. This article explains the response deadlines, what the uncontested route looks like, and what changes if your spouse does respond.
This article covers the law of Alberta.
How long does your spouse have to respond?
The deadline depends on where your spouse was served. It applies if they want to contest the Statement of Claim for Divorce.
| Where served | Time to respond |
|---|---|
| In Alberta | 20 days |
| Elsewhere in Canada | 1 month |
| Outside Canada | 2 months |
A spouse who contests nothing does not need to respond at all, and will receive a copy of the Divorce Judgment by mail. So silence is allowed. It simply means the divorce is not contested.
Check that service was done properly first
Your spouse's deadline only matters if they were properly served. The Court's instructions say you cannot serve the Statement of Claim yourself. A third party must do it, and the Court strongly recommends a process server who provides a sworn Affidavit of Service.
Under the Alberta Rules of Court, a commencement document can be served on an individual by leaving it with them or by recorded mail, but the Court's instructions say the serving must still be done by a third party rather than by you. Hand service is effective on the date it is left, and recorded mail is effective on the date the person signs the acknowledgment of receipt. Service can be proved by an affidavit giving the date, place and method, or by a written acknowledgment from the person served.
Also keep the time limit in mind: a statement of claim must be served within one year after it is filed, unless the Court extends that time on an application made before the year ends.
Proceeding without their participation
If the defendant does not respond, you use Noting in Default (Form 14, Rule 3.36(1)) as part of the desk (uncontested) divorce package. The Court then decides the divorce on paper, without oral evidence, based on the Request for Divorce and supporting affidavits.
- Request for Divorce (Form FL-21) and Affidavit of Applicant for Divorce (Form FL-23).
- An affidavit of service.
- Divorce Judgment (Form FL-25).
- A Desk Divorce Package Checklist, which every desk package must include.
If there are dependent children, the forms add the Child Support Data Sheet, a Notice of Mandatory Seminar, and the Divorce Judgment and Corollary Relief Order (Form FL-26). The court must be satisfied that reasonable arrangements have been made for the children's support.
The uncontested forms are meant for cases where custody, access and support are settled, and they do not deal with property division. A claim that includes dividing family property uses a different form, Form FL-03. If your spouse is not taking part, ask a lawyer how that affects these issues.
If your spouse does respond
A defendant who wants to respond files forms such as a Statement of Defence (Form FL-04) or a Counterclaim for Divorce (Form FL-05). Once that happens, the case is no longer an uncontested desk divorce.
Your grounds still matter. Breakdown of the marriage is generally shown by one year of living separate and apart, adultery, or cruelty. For adultery, the Court notes the other spouse must in most cases be willing to sign an affidavit admitting it, which is hard if they will not cooperate. You can start before the year of separation is up, but cannot ask for the Divorce Judgment until it has passed.
What to do next
- Confirm the date, place and method of service, and that you have the sworn Affidavit of Service.
- Check the response period that applies to where your spouse was served: 20 days in Alberta, 1 month elsewhere in Canada, or 2 months outside Canada.
- Check whether any defence or counterclaim has been filed.
- Gather the desk divorce forms and the Desk Divorce Package Checklist.
- After the judgment, the divorce generally takes effect on the thirty-first day; the court can make it take effect earlier only if it finds special circumstances and the spouses agree and undertake that no appeal will be taken, and a pending appeal can delay it. You can then request the Certificate of Divorce through the Court's online request form.
- Speak to a lawyer if children, support or property are unresolved.
Frequently asked questions
Can my spouse stop the divorce by ignoring it?
Generally no. A spouse who contests nothing need not respond, and will receive a copy of the Divorce Judgment by mail. If they do not respond, you can use Noting in Default and a paper-based desk divorce.
Do I need my spouse to sign anything?
Not in a one-spouse divorce. You start with the Statement of Claim for Divorce (Form FL-01), and the Court's instructions say a third party must serve it on your spouse. A joint divorce, where both spouses sign, is a separate route for spouses who agree.
What if my spouse files a defence after the deadline?
What happens depends on the timing and the facts of your case. Once a defence or counterclaim is filed, the divorce is no longer an uncontested desk divorce. A lawyer can advise on your next steps.
When is the divorce final?
A divorce generally takes effect on the thirty-first day after the judgment is rendered. The court can make it take effect earlier in special circumstances if the spouses agree and undertake not to appeal, and a pending appeal can delay it. In Alberta you wait 31 days after the judgment is signed and then request the Certificate of Divorce online.
Sources
- Divorce Act, s. 8(2) — Justice Laws (federal)
- Court of King's Bench of Alberta – Desk Divorce (no dependent children) instructions — albertacourts.ca
- Divorce Act, s. 12(1) — Justice Laws (federal)
- Court of King's Bench of Alberta – Divorce Forms and Instructions — albertacourts.ca
- Alberta Rules of Court, Alta Reg 124/2010, r. 3.26(1) — kings-printer.alberta.ca
- Court of King's Bench of Alberta – Desk Divorce instructions — albertacourts.ca
- Alberta.ca – Responding to a Statement of Claim for Divorce — alberta.ca
- Court of King's Bench of Alberta – Joint Divorce instructions (April 2026) — 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
An uncontested divorce with us is from $1,678.95, tax included. Third-party fees are extra.