Responding to a Divorce Application: Answer (Form 10)

Being served with divorce papers is stressful, and the deadline is short. What you do in the first weeks can shape how the rest of your case goes.

This article explains the deadline, the form and the issues to think about before you respond. It is general information about Ontario, not advice on your own case, so consider speaking with a lawyer quickly.

The deadline for your Answer

A respondent who is served with an application in Canada or the United States must serve and file an Answer (Form 10) within 30 days. If you are served outside Canada and the United States, the time is 60 days.

If you are close to the deadline, get help right away. How the deadline is counted in your situation is worth confirming with a lawyer.

Read what kind of application you received

Divorce-only cases use Form 8A (Simple Application, divorce only), and no other claims can be added to it. A joint application is filed where spouses agree. A general Form 8 is used where other claims such as support, parenting or property are made.

Check which one you have. How to respond to the claims that were made, and how other issues are handled if the application is divorce only, depends on your situation, so it is worth confirming with a lawyer.

Points to think about before you respond

• Jurisdiction: an Ontario court can hear a divorce only if either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts.
• Grounds: the only ground is breakdown of the marriage, established by living separate and apart for at least one year. Resumed cohabitation of not more than 90 days in total, with reconciliation as its primary purpose, does not interrupt that period.
• Children: the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage before granting a divorce. The court can order a spouse to pay child support.
• Spousal support: the court considers each spouse's condition, means, needs and circumstances, including length of cohabitation and each spouse's functions during it.
• Parenting: the court considers only the child's best interests, with primary consideration to the child's safety, security and well-being.
• Property: net family property is the value at separation, minus debts and excluded property, less the same net value at the date of marriage, and the spouse with the larger share pays half the difference.

If property is involved, note the time limit: an application for an equalization payment must be made within six years of separation or two years after the divorce is final, whichever comes first. If you want a claim like this, do not assume it will be raised for you.

Financial statements and next steps in the case

Form 13 (Financial Statement, Support Claims) is for support without property or debt claims, and Form 13.1 (Financial Statement, Property and Support Claims) is for property or debt claims, with or without support. They must be sworn or affirmed before a lawyer or commissioner of oaths, and a courthouse clerk can commission them for people without a lawyer.

In a family case, a case conference is where a judge or Dispute Resolution Officer discusses agreed and disputed issues and how the case should proceed. The case conference brief is limited to 8 pages, agreements are written as Minutes of Settlement, and most family cases require a Mandatory Information Program session and a settlement conference before trial.

If you need temporary support or a parenting schedule while the case goes on, a motion generally follows a case conference, with exceptions for urgency and hardship.

What to do next

• Write down the date and place you were served, and count your deadline.
• Identify whether you received Form 8A, Form 8 or a joint application.
• List what you agree with and what you dispute, including children, support and property.
• Gather income, asset, debt and pension information. For a pension, ask the administrator for its value.
• Be ready to swear or affirm a financial statement if support or property is claimed.
• If safety is a concern, tell a lawyer right away, because urgent steps may be available.
• Speak with a lawyer before you file, ideally well within your deadline.

Finally, remember that the divorce itself is not granted until the Central Registry of Divorce Proceedings Clearance Certificate is received, the court has the original marriage certificate (or Form 36 explains why not), and the order is effective 31 days after it is made.

Frequently asked questions