Getting served with Court documents can be very distressing. It is important, however, that you take action right away to ensure that no steps are taken in the litigation without your knowledge and that your position on the issues outlined in the Statement of Claim is made clear.

You have 20 days from the date that you are served to file a Statement of Defence in response to the Statement of Claim. If you do not file a response within 20 days, your spouse can ask the Court to note you in default. This means that you will not be made aware of any further steps being taken in the litigation and that Court Orders may be made in your absence.

If there is relief that you are seeking as a result of your separation that is different than what is being sought by your spouse, then you can also file a Counterclaim for Divorce. This is your opportunity to inform the Court of what issues exist from your perspective and how you would like them addressed.

Please note that if there is family property involved, the correct form to file is a Counterclaim for Divorce and Division of Family Property.

These Court forms can be found online here: https://albertacourts.ca/kb/areas-of-law/family/divorce-forms

Going through a divorce is often stressful and complicated. Let us help you through the process – contact us to schedule a consultation with our family law lawyer today.