What Happens If Your Spouse Doesn’t File an Answer in an Ontario Divorce

You served your spouse with the divorce application weeks ago, and there’s been silence. No response, no lawyer, nothing. It’s a frustrating position — but it’s also one Ontario’s family court system anticipated. You may have heard the phrase “noting in default”, but that is a civil procedure step: the Family Law Rules have no noting in default step. Understanding what applies instead can turn an indefinite standstill into forward motion.

In Ontario family cases there is no separate court step for this: under the Family Law Rules, the regulation that governs how family cases move through Ontario’s courts, set consequences apply automatically when a respondent does not serve and file an Answer. The respondent gets no further notice of the case and cannot participate in it, and the case can go to an uncontested trial or, in a divorce, to a judge on paper. It doesn’t punish the non-responding spouse in any dramatic sense — it simply reflects the fact that they didn’t exercise their right to respond within the time they were given, and lets the case proceed accordingly.

What Happens When No Answer Is Filed

When you start a family court case — a divorce application, for example — the person you’re proceeding against (the respondent) has a defined window to file an Answer after being properly served. If they don’t file anything within that time, the consequences of not answering apply automatically, and you can ask the court clerk to move the case forward, for example by preparing an uncontested divorce for a judge.

Once that happens:

• The respondent gets no further notice of what happens in the case.
• They cannot participate in further steps of the case unless the court orders otherwise.
• The case is no longer stuck waiting on a response that isn’t coming — it can go to an uncontested trial or, in a divorce, to a judge on paper.

Importantly, this is a procedural consequence, not a rubber stamp. The court still has to be satisfied that the underlying legal requirements are met before it grants relief like a divorce — including, in a divorce case, that reasonable arrangements have been made for the support of any children of the marriage.

When This Comes Up

These consequences typically come up when:

• A spouse was properly served with a divorce application and simply never responds
• One party is deliberately avoiding the process, hoping inaction will stall things indefinitely

They apply only when a respondent files no Answer at all. If the respondent files an Answer, even one that deals with only some issues, they do not apply.

The Process, Step by Step

1. Confirm proper service

You need to be able to show the court that the respondent was properly served with the application, using an accepted method of service, and that the response window has passed.

2. Ask the clerk to take the next step

Your lawyer files proof of service and asks the court clerk to take the next step, such as setting a date for an uncontested trial or, in an uncontested divorce, preparing the documents for a judge.

3. The case proceeds without their input

Because the respondent has not answered, the matter can move toward the next steps — which, depending on the case, might mean an uncontested trial or an uncontested divorce going to a judge for review.

4. The court still checks the substance

Even without a response from the other side, the judge reviewing the file confirms that the legal ground for divorce is established, service was proper, and any required child support arrangements are reasonable, before granting anything.

Can the Respondent Still Take Part Later?

Possibly, in some circumstances. A respondent who did not file an Answer can, in some cases, ask the court for an order letting them take part in the case — for example, if they can show a genuine reason they missed the deadline and that they have something meaningful to contribute to the case. Whether that request succeeds depends heavily on the specific facts and timing, and it’s not something either side should assume will (or won’t) happen.

What Not Answering Does Not Do

• It doesn’t automatically grant the divorce or any other relief. The court still needs to be satisfied the legal requirements are met.
• It doesn’t waive the requirement to properly serve the other spouse. If service was defective, the case generally cannot proceed without the respondent, or the result can be challenged later.
• It doesn’t apply issue by issue. The consequences apply when a respondent files no Answer at all, and they apply to the whole case. What can be separated is the divorce claim: it might be split from the rest of the case and go ahead while a related issue is still being sorted out, depending on how the case was structured.
• It doesn’t mean the non-responding spouse loses all rights forever. They may be able to ask the court to let them take part, in the right circumstances.

Frequently asked questions