- Divorce claims in the Family Court of the Superior Court of Justice are on the standard track, where a case conference is scheduled when a party asks.
- A respondent has 30 days to serve and file an Answer after being served, and if none is filed the case can proceed without them.
- If no answer is filed, a judge may decide on an affidavit for uncontested trial, Form 23C.
Many people want to know how to file for divorce and whether a hearing is needed. Often the process is mostly paperwork, especially when the other person does not dispute the claim. Still, the steps and timelines matter.
This article walks through the stages as they generally work in Ontario. Exact forms for a joint or sole application, and the practice at your courthouse, can vary, so confirm them with the court office or a lawyer.
Starting the case and the track it follows
A divorce case begins when one person files an application with the court and serves it on the other.
In the Family Court of the Superior Court of Justice, most applications and motions to change are on the fast track, with a first court date. Divorce and property claims are on the standard track, where the clerk does not set a court date when the application is filed but schedules a case conference when a party asks.
The other person's response
A respondent must serve and file an Answer (Form 10) within 30 days after being served with the application, or 60 days if it was served outside Canada or the United States.
If the respondent does not answer, then unless the court orders otherwise they are not entitled to further notice of steps or to take part in the case. The court may deal with the case in their absence, and a date may be set for an uncontested trial.
If it is uncontested, and if it is not
| Situation | What generally happens |
|---|---|
| No answer filed | If none is filed by the first court date, the clerk sends the case to a judge to decide on affidavit evidence (Form 23C, Affidavit for uncontested trial), or schedules a case conference if the applicant asks. |
| Answer filed | A judge must hold at least one conference. Required steps usually include the Mandatory Information Program, a case conference, a settlement conference and a trial management conference. |
If your application includes a claim about decision-making responsibility, parenting time or contact, you must serve and file a Form 35.1 affidavit with it. Form 35.1A is also needed if the child or any party has been involved in a child protection case.
Under the Divorce Act, parties must try family dispute resolution to the extent appropriate.
Timelines and appeals
Do not let a case sit. If it has not been settled, withdrawn, or scheduled or adjourned for trial by the 365th day after it started, the clerk serves a Notice of Approaching Dismissal (Form 39). The case is dismissed without further notice unless a party takes a listed step within 60 days.
No appeal lies from a Divorce Act order more than 30 days after the day the order was made, though the appellate court may extend this on special grounds. Other Superior Court of Justice final orders, such as Divorce Act orders, go to the Court of Appeal for Ontario.
What to do next
- Confirm which court will hear your case and which forms apply to your application.
- Gather your marriage information, parenting details and financial records.
- Calendar the 30-day answer period and the 365-day dismissal warning.
- Speak to a Family Law Information Centre about the process, and consider a lawyer for the written order and any parenting or support terms.
Frequently asked questions
Do I always have to attend a hearing for a divorce?
Not always. If no answer is filed, a judge may decide the case on affidavit evidence. If an answer is filed, conferences are required.
How long does the other person have to respond?
A respondent must serve and file an Answer within 30 days of being served, or 60 days if served outside Canada or the United States.
What happens if my case stalls?
If it has not been settled, withdrawn, or scheduled or adjourned for trial by the 365th day, a Notice of Approaching Dismissal is served and the case may be dismissed unless a step is taken within 60 days.
Can I appeal a divorce order?
Appeals from Divorce Act orders generally must be brought within 30 days of the order, though the time may be extended on special grounds. Speak with a lawyer quickly if you disagree with an order.
Sources
- Ontario.ca – Family Law Information Centres — ontario.ca
- Justice Laws – Divorce Act s. 7.3, 7.7 — Justice Laws (federal)
- e-Laws – O. Reg. 114/99 Family Law Rules (Word version) — Ontario e-Laws
- Superior Court of Justice – The Steps in a Family Case — ontariocourts.ca
- e-Laws – Courts of Justice Act (Word version) — Ontario e-Laws
- Justice Laws – Divorce Act s. 21 — Justice Laws (federal)
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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