If you’ve been served with a divorce application in Ontario, you generally need to respond by filing a Form 10 Answer with the court — if you were served within Canada or the United States, the usual window is 30 days; it is longer if you were served elsewhere. If you don’t respond in time, the case can proceed without your input, and the applicant may eventually obtain a divorce and related orders without your participation. Review the application carefully and get advice quickly, especially if it involves property, support, or parenting issues.
- Being served means someone has started a court process — it does not end your marriage by itself.
- You generally have a limited window to respond, commonly 30 days if served in Canada or the US.
- Responding means filing a Form 10 Answer, and usually a financial statement if support or property is involved.
- If you do nothing, the case can proceed as uncontested, and the court can make final orders without your input.
- There is generally no court fee to file a basic Answer, so cost should not be a reason to miss the deadline.
- If the application only addresses the divorce itself and you agree with everything in it, you may not need to file an Answer at all — but confirm this before assuming so.
What Being Served Actually Means
Being served with a divorce application means your spouse has formally started a court process — it does not, by itself, end your marriage or decide anything about support, property, or parenting. The application sets out what your spouse is asking the court for, and you are being given formal notice and an opportunity to respond.
The Deadline to Respond
Ontario’s Family Law Rules set a specific window to respond, commonly described as 30 days if you were served within Canada or the United States, and a longer period if served elsewhere. Ontario’s own court guidance is clear that if you are served, you will almost always need to take some action — most commonly, filing an Answer — and that missing the deadline lets the case proceed without you.
The precise count can depend on how and where you were served. Don’t estimate — confirm the exact deadline against the date and method of service, since getting this wrong can cost you the chance to be heard.
Filing a Form 10 Answer
If you need to respond, the document is Form 10: Answer. It sets out whether you agree or disagree with each claim in the application, and lets you make your own claims if you have them — for example, regarding parenting time, support, or property. If the application involves support or property, you will generally also need to file a sworn Financial Statement along with your Answer.
If your spouse’s application asks for the divorce and also claims a specific division of property you disagree with, filing an Answer that disputes the property claim — and sets out your own position — is how you get that disagreement before the court, rather than letting it be decided by default.
If You Agree With Everything in the Application
If the application seeks only the divorce itself, and you genuinely agree with everything in it, the matter may be able to proceed as an uncontested divorce without you needing to file an Answer at all. Confirm this is actually your situation before assuming it, particularly if there is any ambiguity about support, property, or parenting.
What Happens If You Do Nothing
If you do not file an Answer within the deadline, the case is generally treated as uncontested, and the applicant can move forward — including, eventually, filing the documents needed to finalize the divorce and obtain any other orders sought — without further input from you. This is one of the more common and most avoidable mistakes in family law: assuming the issue will "sort itself out" without a response.
Even if you think the deadline has already passed, act immediately rather than waiting further. Depending on where the case is at, there may still be options — but they narrow quickly the longer you wait.
What to Do Right Now
Read the application carefully to understand exactly what is being asked for, note the date you were served, and calculate your actual deadline. If anything beyond a simple, agreed divorce is involved, get advice before you file anything — what goes into your Answer can shape the entire rest of the case.
Just been served with divorce papers in Toronto or the GTA? Call 416-274-2222 for a free, confidential consultation before your deadline passes.
Frequently Asked Questions
The commonly cited window is 30 days if you were served within Canada or the United States, and longer if served elsewhere. Confirm the exact deadline that applies to your specific service against the Family Law Rules, since the precise count can depend on how and where you were served.
The case can proceed without you. The applicant can ask the court to treat the matter as uncontested and may obtain a divorce, and potentially other orders regarding support, property, or parenting, without your participation in the process.
Not necessarily — if the application only seeks the divorce itself and you agree, you may be able to let it proceed as uncontested without filing an Answer. If it also addresses property, support, or parenting and you have any disagreement or want your own claims considered, you generally need to file an Answer to be heard.
Generally, filing a basic Answer does not carry a separate court filing fee in Ontario, though you should confirm current fees with the specific court office handling your file.
A Financial Statement is a sworn document setting out your income, expenses, assets, and debts. If the application involves support or property division, you will typically need to file one along with your Answer.
Sometimes, but it becomes more difficult and may require a motion to the court, especially if the applicant has already moved forward. The sooner you act after being served, the more options you realistically have.
If the application involves anything beyond a simple, uncontested divorce — support, property, or parenting arrangements — get advice before you respond. What you say (or don’t say) in your Answer can shape the rest of the case.