What Happens After Filing for Divorce in NWT: Response Period and Default

You have filed your Petition for Divorce with the Supreme Court of the Northwest Territories and served the respondent. Now you wait — but the waiting period is not passive. What happens next depends entirely on whether the respondent files a response, and the deadlines are strict.

The Response Window

After personal service is completed, the respondent has a limited window to file a response:

• 25 days if served within the Northwest Territories
• 30 days if served outside NWT but within Canada
• A period set by the court if served outside Canada

These deadlines are counted from the date of service, not the date of filing. The date on the Affidavit of Service is the starting point.

If the Respondent Files an Answer

The respondent can file three types of documents:

1. Form 3 (Answer): Disputes some or all of the claims in the petition — grounds for divorce, property division, child support, spousal support, or parenting arrangements. Filing an Answer costs $400 and converts the case from uncontested to contested.

2. Form 4 (Counter Petition): Goes beyond disputing the original claims and makes new claims. For example, the respondent might claim spousal support or a different property division than what the petitioner proposed.

3. Form 6 (Demand of Notice): The respondent does not dispute the divorce but wants to receive copies of all future court documents and be notified of any applications. This does not make the case contested.

If an Answer is filed, the desk divorce route is no longer available. The case moves to case conferences, possible mediation, motions, and potentially a trial — a process that can take 12–36 months and significantly increases costs.

If the Respondent Does Not Respond

This is the more common scenario in uncontested divorces. If the 25-day (or 30-day) deadline passes with no Answer filed, the respondent is "in default." The petitioner then files a Direction to Note in Default at the Supreme Court registry.

Noting in default has two effects:

• The respondent loses the right to receive further court notices
• The case can proceed as an undefended action — meaning the petitioner can apply for a desk divorce judgment

Getting the Clearance Certificate

After default is noted (or immediately after filing a Joint Petition), the court registry sends the case details to the Central Registry of Divorce Proceedings in Ottawa. This federal office checks its national database to confirm that no other active divorce proceedings have been filed by either spouse anywhere in Canada.

Once verified, Ottawa issues a Clearance Certificate and sends it back to the NWT registry. A Supreme Court judge cannot sign a Divorce Judgment without this certificate in the file. The clearance process typically takes 2–6 weeks.

Submitting the Desk Divorce Package

Once the Clearance Certificate arrives, the petitioner files the desk divorce application:

• Request for Divorce Judgment (Without Oral Hearing)
• Affidavit of the Applicant (Form 6), sworn before a Commissioner for Oaths
• Draft Divorce Judgment and any draft Corollary Relief Orders

A judge reviews the complete file in chambers — no hearing, no testimony. If satisfied that the grounds for divorce are established and child support complies with the Federal Child Support Guidelines, the judge signs the Divorce Judgment.

After signing, a 30-day appeal period runs. On day 31, the divorce is final and either party can request a Certificate of Divorce.

The Northwest Territories Divorce Filing Process Guide includes a response deadline calculator, step-by-step default noting instructions, and the complete desk divorce checklist so nothing slips through the cracks during the waiting period.

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