In Ontario, if your spouse does not respond to your Application for Divorce within 30 days of being served, you can ask the court to note them in default. Once submitted to the Superior Court of Justice, it typically takes a judge between 2 to 6 months to review the paperwork and issue the final divorce order, plus a mandatory 31-day waiting period for the Certificate of Divorce.
Understanding Default Divorce Judgments in Ontario
Navigating the end of a marriage can be incredibly stressful, especially if your ex-partner refuses to cooperate or ignores your legal documents entirely. Fortunately, the Ontario Family Law Rules provide a clear pathway for moving forward even when the other party is unresponsive. This process is known as an uncontested divorce by default.
When you file a divorce application in cities like Toronto, London, or Sudbury, your spouse is legally obligated to reply within a specific timeframe. 📅 If they fail to file an Answer (Form 10), the court interprets their silence as an agreement with the terms you have laid out. This allows you to bypass lengthy negotiations or trial dates, significantly streamlining the legal procedure.
While obtaining a default judgment is generally faster than a contested battle, it is not instantaneous. The timeline relies heavily on mandatory waiting periods and the current administrative backlog at your local courthouse. Engaging an experienced Ontario family lawyer can help ensure your documents are flawless, preventing unnecessary delays caused by simple clerical errors.
Step-by-Step Process for a Default Divorce in Ontario
Securing a divorce when your spouse ignores the paperwork involves several precise procedural steps. The Superior Court of Justice is very strict regarding deadlines and proper formatting. Here is exactly how the process unfolds across the province.
Step 1: Serving the Application for Divorce
After you have filed your Form 8A (Application for Divorce) at the court, it must be personally handed to your spouse. 📬 You cannot do this yourself; you must use a professional process server or another adult. The person who serves the documents must then swear an Affidavit of Service (Form 6B) before a notary or commissioner for taking affidavits.
Step 2: Waiting the Statutory Response Period
Once served, the clock begins ticking. Under Ontario law, if your spouse was served within Canada or the United States, they have exactly 30 days to file their Answer. If they reside anywhere else in the world, the waiting period is extended to 60 days. You must wait for this period to expire completely before taking the next step.
Step 3: Filing to Note the Respondent in Default
If the deadline passes and the court has not received an Answer, you can proceed. 📑 You must file your Affidavit of Service alongside a request to have your spouse “noted in default.” This officially closes the window for them to respond without first seeking special permission from a judge.
Step 4: Submitting the Affidavit for Divorce
With the default noted, you must now provide your evidence to the court. You will complete an Affidavit for Divorce (Form 36), swearing that the information in your original application remains true, that there is no possibility of reconciliation, and that reasonable arrangements have been made for any children involved regarding parenting time and child support.
Step 5: Judicial Review and the Divorce Order
Your complete file is then placed in a queue for a judge to review in their chambers. 👨⚖️ You do not need to attend court in person. The judge will carefully read through your Form 36, marriage certificate, and draft Divorce Order (Form 25A). If everything is in order, the judge will sign the Divorce Order.
Step 6: The Certificate of Divorce
Even after the judge signs the Order, you are not divorced yet. Federal law dictates a mandatory 31-day appeal period following the date the Order is granted. On the 32nd day, the divorce becomes legally final, and you may request your official Certificate of Divorce (Form 36B) from the courthouse.
How Much Does it Cost in Ontario?
An uncontested default divorce is generally the most cost-effective way to legally end a marriage in Canada. 💰 While you avoid the massive expenses of a trial, there are still mandatory government fees and potential legal disbursements.
- Court Filing Fee (Part 1): Issuing the initial Application costs $320 CAD.
- Process Server Fees: Hiring a professional to serve your spouse usually costs between $100 and $250 CAD.
- Court Filing Fee (Part 2): Filing the Affidavit for Divorce and requesting the final order requires a secondary fee of $312 CAD.
- Certificate of Divorce: Once the 31-day appeal period passes, the court charges $24 CAD to issue the official certificate.
- Lawyer Fees: If you hire an Ontario law firm to handle the default paperwork, flat fees typically range from $1,500 to $3,000 CAD.
Expected Timelines by Ontario Region
| Region / Courthouse | Estimated Time for Judge’s Review | Total Expected Timeline |
|---|---|---|
| Toronto (Downtown) | 3 to 5 months | 5 to 7 months |
| Brampton / Mississauga | 4 to 6 months | 6 to 8 months |
| Ottawa | 2 to 4 months | 4 to 6 months |
| Northern Ontario (Sudbury/Thunder Bay) | 1 to 3 months | 3 to 5 months |
Frequently Asked Questions (FAQ)
What happens if my spouse files an Answer late?
If your spouse misses the 30-day deadline but files before you officially note them in default, the court will generally accept their Answer. If they try to respond after being noted in default, they must file a motion and ask a judge for permission to participate, which is not guaranteed.
Do I have to go to court for a default divorce?
Generally, no. A default divorce in Ontario is usually processed “over the counter” or “in chambers.” This means the judge reviews your sworn affidavits and paperwork in their office without requiring you to appear in an actual courtroom.
Can I get spousal support in a default judgment?
Yes. If you requested spousal support in your original Form 8A Application and your spouse defaults, the judge may grant the order. However, you must provide sufficient financial documentation to prove your entitlement and need under the Spousal Support Advisory Guidelines.
What if I cannot find my spouse to serve them?
If you genuinely cannot locate your spouse after making extensive efforts (such as checking with their relatives, employers, or searching online), you can file a motion for an Order for Substituted Service. This allows you to serve them via email, social media, or even by publishing a notice in a local newspaper.
Why is my default divorce taking so long in Toronto?
The Superior Court of Justice in major urban centres like Toronto and Brampton handles an enormous volume of family law cases. Administrative backlogs are common, meaning it can take several months for a clerk to process your file and place it on a judge’s desk for review.
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