If you are served with a Divorce Application in Ontario, you must file an Answer within 30 days if you reside in Canada or the United States, and within 60 days if you reside anywhere else in the world. Failing to respond may result in an uncontested trial where your spouse gets everything they asked for.
Being served with divorce papers can be a shocking and highly emotional experience. Suddenly, you are faced with legal documents outlining demands for property division, spousal support, and decision-making responsibility for your children. In Ontario, ignoring these documents will not make them go away; in fact, burying your head in the sand is the most dangerous legal mistake you can make.
Whether you live in Kitchener, Windsor, or downtown Toronto, the Ontario Family Law Rules impose strict deadlines on how quickly you must react. ⏰ The court gives you a limited window to officially state your side of the story, contest your spouse’s claims, and make claims of your own. If you are unsure how to proceed, contacting a family lawyer from our directory immediately is highly advised to ensure your rights are protected.
Step-by-Step Process for Responding to a Divorce Application
When your spouse initiates court proceedings, they are called the Applicant, and you become the Respondent. To participate in the case and ensure the judge hears your perspective, you must officially file response documents at the Superior Court of Justice. Here is the general process you will need to follow.
Step 1: Review the Application (Form 8 or 8A) Carefully
The documents handed to you will primarily consist of the Application. 🔍 Read every page thoroughly. Pay special attention to what your spouse is asking for regarding the division of the marital home, net family property, child support, and parenting time. Identifying exactly what you agree with and what you dispute is the first step in formulating your legal strategy.
Step 2: Draft Your Answer (Form 10)
Your official response is made using Form 10: Answer. In this form, you will go through the claims made by your spouse and state whether you agree or disagree with each one. More importantly, this is your opportunity to make your own claims against your spouse (often called a counter-claim). For example, if they asked for spousal support, you might use your Answer to claim that they are actually the one who should be paying you.
Step 3: Prepare Your Financial Statement
If the divorce involves any form of financial claims-such as child support, spousal support, or property equalization-you must also complete a Financial Statement. 💵 You will use either Form 13 (for support claims only) or Form 13.1 (for property and support claims). This requires you to provide extensive documentation of your income, expenses, assets, and debts.
Step 4: Serve the Documents on Your Spouse
Before you can file your documents with the court, you must deliver a copy of your completed Form 10 and Financial Statement to your spouse (or their law firm). This is known as “serving” the documents. Since you are the Respondent filing an Answer, regular service (such as mail, courier, or email if permitted by local rules) is generally acceptable, unlike the strict personal service required for the initial Application.
Step 5: File at the Superior Court of Justice
Once you have served your spouse, you must complete an Affidavit of Service (Form 6B) to prove to the court that your spouse received the documents. Finally, you must file your Answer, Financial Statement, and Affidavit of Service with the exact same Superior Court of Justice location where your spouse initiated the case, doing so before your 30-day or 60-day deadline expires.
How Much Does it Cost to Respond?
When defending yourself in a divorce proceeding, the costs can vary depending on whether you simply wish to agree to the divorce or if you intend to launch a vigorous counter-claim. 💰 While court fees are standardized, lawyer fees depend heavily on the complexity of your dispute.
| Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Court Filing Fee (Answer Only) | $0 | Generally, there is no court fee to simply file a Form 10 Answer in Ontario. |
| Court Filing Fee (Adding Claims) | $167+ | If you add new parties or complex counter-claims, standard court filing fees may apply. |
| Process Server / Courier | $50 – $150 | Cost to officially serve your response documents to your spouse’s law firm. |
| Lawyer Retainer (Contested) | $3,500 – $7,500+ | Typical upfront deposit for a family law firm to draft your Answer and begin negotiations. |
What Happens if You Miss the Timeline?
The timeline is absolute: 30 days from the day you were served if you are inside the US or Canada, and 60 days if you are international.
If you fail to file your Answer within this timeframe, your spouse can proceed to note you in default. This means the court assumes you agree with everything stated in the Application. The judge may hold an uncontested trial without you, issuing a final Divorce Order that dictates your property, support, and parenting time precisely as your ex-spouse requested. Overturning a default judgment is extremely difficult, expensive, and never guaranteed.
Frequently Asked Questions (FAQ)
What if I agree with the divorce but disagree about child support?
You must still file an Answer. In your Form 10, you can indicate that you consent to the divorce itself but explicitly state that you are disputing the applicant’s claims regarding child support and decision-making responsibility.
Can I ask the court for an extension on the 30-day deadline?
Yes. If you need more time to gather financial documents or secure a lawyer, your spouse can consent to an extension. If they refuse, you can bring a motion to the court asking a judge for an extension, but you must act quickly before you are noted in default.
I live in Europe, but my spouse filed in Toronto. Do I really have 60 days?
Yes. Under the Ontario Family Law Rules, any Respondent who is served with an Application outside of Canada or the United States is legally granted 60 days to serve and file their Answer.
What if my spouse and I are trying to negotiate out of court?
Even if you are in mediation or negotiating a Separation Agreement, the 30-day clock is still ticking. It is common practice for lawyers to negotiate an agreement to pause litigation, but unless you have written consent confirming they will not note you in default, you should file your Answer to protect yourself.
Do I have to hire a lawyer to write my Answer?
While you are legally permitted to represent yourself (act as a self-represented litigant) and file your own Form 10, the complexities of family law make it risky. Consulting with a local Ontario family lawyer ensures you don’t inadvertently waive your rights.
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