- A respondent must serve and file an answer within 30 days after being served, or 60 days if served outside Canada and the United States.
- If you do not answer and have not asked for more time, the other spouse can move toward an uncontested trial decided on their evidence alone.
- Filing an answer opens the door to conferences and, if issues remain, a trial, so it is worth getting advice early.
Being handed divorce papers can feel like a shock, even when the marriage has been over for a while. The time to respond starts running quickly, so it helps to know what the papers are and what you can do.
This article explains, in general terms, how the Ontario process works for someone who has been served: the time to respond, what an Answer is, and what can happen if you do nothing. Your situation may differ, so a lawyer can confirm the details for your case.
What you have been served with
In Ontario, either spouse may start a divorce case by filing an application that names the other spouse as the respondent. If you are the respondent, the papers you received are that application. A different route is a joint application, which has no respondent. In a joint application, the divorce and any other order can be made only with the consent of both spouses.
An application must be specially served, by someone other than the party who has to serve it. Special service methods include leaving a copy with you, or leaving a copy at your residence and mailing another copy.
Read the papers closely to see what is being asked. A simple divorce application is for divorce only, and no other claim, such as support or property, can be made in it. If the papers ask for more than a divorce, they are not a simple application.
The deadline to respond
A respondent must serve and file an answer within 30 days after being served with the application. If you were served outside Canada and the United States, the time is 60 days.
| Where you were served | Time to serve and file an answer |
|---|---|
| Most cases | 30 days after being served |
| Outside Canada and the United States | 60 days after being served |
Work out the date you were served as soon as you can, and write down the deadline. If you think you need more time, deal with that before the deadline passes rather than after.
What an Answer is and what you can do
An answer is the document in which you respond to the application. You serve it on the other spouse and file it with the court. The court fee to file an answer is $171, or $214 for an answer that includes your own request for a divorce. Fees can change, so confirm the current amount with the court before you file.
Responding does not always mean fighting. Depending on the papers, your options may include:
- Agreeing with the divorce and filing an answer that says so.
- Disagreeing with some or all of what the application asks for.
- Making your own requests, including your own request for a divorce.
- Trying to settle through a family dispute resolution process outside court, such as negotiation, mediation or collaborative law.
If support or property is in issue, financial statements are needed. Form 13 is used for support claims without property claims, and Form 13.1 is used for property claims, with or without support. Most family cases also require the parties to attend a Mandatory Information Program no later than 45 days after the case is started.
Before granting a divorce, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage.
The risks of doing nothing
If you do not answer by the deadline and have not asked for more time, the other spouse can take steps toward an uncontested trial, which is decided on their evidence alone. The consequences in rule 1(8.4) apply when no answer is filed, including that the court may deal with the case in your absence.
In practical terms, that means a court could make decisions without hearing your side. When a divorce is granted, it takes effect on the 31st day after the day the judgment is made. Ignoring the papers does not make the case go away.
If you do file an answer, the case becomes contested. A judge must hold at least one conference in each case where an answer is filed. Contested cases move through case conferences, settlement conferences, and trial scheduling and trial management conferences, and a trial or focused hearing may be needed if issues are still unresolved.
What to do next
- Find the date you were served and calculate your deadline.
- Read the application to see whether it asks for divorce only or for more.
- Gather your financial information, including income, debts, property and pensions.
- Think about what you want for parenting, support and property.
- Speak with a family lawyer before the deadline, especially if you were served outside Canada or the papers ask for more than a divorce.
- Keep copies of everything you receive and file.
Frequently asked questions
How long do I have to respond to a divorce application in Ontario?
A respondent must serve and file an answer within 30 days after being served. If you were served outside Canada and the United States, you have 60 days.
Can I just agree to the divorce and not file anything?
If you do not answer and have not asked for more time, the other spouse can move toward an uncontested trial decided on their evidence alone. Whether to file something, and what, depends on what the application asks for, so get advice.
Does filing an answer mean going to trial?
Not necessarily. A judge must hold at least one conference where an answer is filed, and parties are expected to try family dispute resolution where appropriate. A trial is only needed if issues remain unresolved.
Can I make my own request for divorce in my answer?
Yes, the fee schedule recognizes an answer that includes the respondent's own request for a divorce, at a different fee from an ordinary answer. A lawyer can explain whether that makes sense for you.
Sources
- Divorce Act, s. 11(1) — Justice Laws (federal)
- Divorce Act, s. 2(1) definition of 'family dispute resolution process' — Justice Laws (federal)
- Family Law Rules, O. Reg. 114/99, r. 36(1) — Ontario e-Laws
- Superior Court of Justice – The Steps in a Family Case — ontariocourts.ca
- O. Reg. 293/92 (Superior Court of Justice and Court of Appeal – Fees), s. 1.2(1) — Ontario e-Laws
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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