How to Respond to Divorce Papers in Alberta

Being served with a Statement of Claim for Divorce is the formal notification that your spouse has filed for divorce at the Court of King's Bench. You have a limited window to respond, and what you do — or do not do — within that window determines how the rest of the process unfolds.

Your Response Deadline

The clock starts the day you are served. How long you have depends on where service happened:

These are calendar days, not business days. Missing the deadline has serious consequences.

Option 1: File a Statement of Defence

If you disagree with anything in the Statement of Claim — the proposed parenting arrangements, support amounts, property division claims, or even the stated ground for divorce — you file a Statement of Defence (Form FL-04) at the Court of King's Bench Registry within the response window.

Filing fee: CA$100.

If you also want to make your own claims against the applicant (for example, requesting a different division of property or claiming spousal support), you can file a Counterclaim (Form FL-07) alongside the Statement of Defence. The Counterclaim filing fee is CA$200, paid on top of the CA$100 defence fee.

Filing a defence moves the divorce to the contested track. Under the 2026 Family Focused Protocol, both parties must complete mandatory pre-court steps before any non-urgent court hearing: the Parenting After Separation course (if children under 18), alternative dispute resolution, comprehensive financial disclosure, and — for self-represented parties — a Family Court Counsellor meeting.

Option 2: File a Demand for Notice

If you generally do not oppose the divorce but want to stay informed about what happens in the case, you can file a Demand for Notice instead of a full defence. This keeps you in the loop — the court will send you copies of all filed documents and notify you of hearings — without actively contesting the divorce.

A Demand for Notice does not prevent the applicant from proceeding with the desk divorce process. But it gives you visibility into the proceedings and preserves your ability to raise issues before the judgment is finalized.

Option 3: Do Nothing

If you do not respond within the deadline, the applicant can file Form 14 (Noting in Default). This formally shuts you out of the proceedings — you cannot file late responses or make submissions to the court without a judge's permission.

The divorce then proceeds as uncontested. The applicant compiles the Desk Divorce Package and submits it for administrative review. A justice reviews the file and, if satisfied, signs the Divorce Judgment based on the terms originally requested in the Statement of Claim.

Choosing not to respond is appropriate when you agree with the divorce and the terms proposed. Many uncontested divorces follow this path by mutual understanding — the applicant files, the other spouse receives service, and both parties know the non-responding spouse is choosing not to contest.

What Default Means in Practice

Being "noted in default" does not mean you lose everything. It means the divorce proceeds on the terms the applicant originally requested. The court still has an independent duty to ensure:

• Adequate child support arrangements are in place for any children under 18
• The divorce ground is established (typically one-year separation)
• All statutory requirements under the Divorce Act are met

However, you lose the opportunity to present your own position on property division, spousal support, or parenting arrangements. If you later want to participate, you must apply to the court for leave to set aside the default — and judges grant this only in limited circumstances.

How to Decide

Respond with a defence if you disagree with the proposed terms on parenting, property, or support. Even partial disagreement warrants a defence — it is far easier to negotiate from within the proceedings than to try to undo a judgment after the fact.

File a Demand for Notice if you do not oppose the divorce but want to monitor the process and review the proposed judgment before it is signed.

Do nothing if you and the applicant have already agreed on terms (perhaps through a separation agreement) and the Statement of Claim reflects that agreement accurately.

Understanding Your Options

The Alberta Divorce Filing Process Guide covers the full process from both the applicant's and respondent's perspective, including response deadlines, the implications of default, and what happens at each stage of a contested case.

See more Alberta guides →