Served With Divorce Papers in Ontario: How and When to Respond

Being handed divorce papers is stressful, even when you saw it coming. The good news is that the process has clear steps and clear deadlines, and knowing them early gives you room to make calm decisions.

This article explains how the application should have reached you, how long you have to respond, what happens if you do not, and what usually comes next if you do. It is general information about Ontario, not advice for your situation.

How the application should have reached you

A divorce application must be specially served, and it must be done by someone other than the spouse who started the case. So if your spouse handed you the papers personally, that is not how it is meant to work.

Special service can be done by leaving a copy with you, by mail with a Form 6 acknowledgment postcard that you sign, or by leaving a copy at your residence and mailing another copy. Note the date you were served, because your deadline runs from that day. If you are unsure whether service was proper, a lawyer can review it with you.

Your deadline to answer

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.

Count the days from the date you were served and mark the deadline on a calendar right away.

What happens if you do not answer

If you do not answer by the deadline and have not asked for more time, the applicant can take steps toward an uncontested trial, which is decided on the applicant's evidence alone. The court may also deal with the case in your absence.

That means you could lose your chance to have your say on matters in the application. Doing nothing is rarely a safe choice, even if you agree with the divorce itself.

If you file an answer: what to expect

Filing an answer makes the case contested, and a judge must hold at least one conference, where a judge or Dispute Resolution Officer meets the parties. Contested cases move through case conferences, settlement conferences, and trial scheduling and trial management conferences. If issues are still unresolved, a trial or focused hearing may be needed.

Except in urgent situations, a motion generally cannot be brought until a case conference has been held.

• Financial statements: Form 13 is used for support claims without property claims, and Form 13.1 is used for property claims, with or without support.
• Mandatory Information Program: the parties in most family cases must attend it no later than 45 days after the case is started.
• Dispute resolution: parties must try to resolve matters through a family dispute resolution process where appropriate, such as negotiation, mediation or collaborative law.
• Court fees: an answer costs $171, or $214 if it includes your own request for a divorce. Fees can change, so recheck the current amount on Ontario e-Laws before you file.

What to do next

• Write down the date and method of service, and keep every page you received.
• Calendar your answer deadline: 30 days, or 60 days if served outside Canada and the United States.
• Read the application closely to see what is being claimed, such as divorce only or also support and property.
• Start gathering income, asset and debt records for your financial statement.
• Decide whether you agree with the claims, and think about whether negotiation or mediation could work.
• Speak with a family lawyer early, well before the deadline, about your answer and your options.

Frequently asked questions