So you’ve been served with divorce papers, now what?
Being served with divorce papers can be an overwhelming and emotional experience. Whether you were expecting it or not, understanding your options and the steps you need to take to respond to divorce papers in Ontario is critical. Here is a comprehensive guide to help you navigate the process.
Step 1: Understand the Divorce Papers
The Divorce Act governs divorces nationwide, but specific processes, forms, and fees vary by province or territory. In Ontario, for example, the Family Law Act outlines the relevant procedures.
When your spouse files for divorce, they become the “applicant,” and you are the “respondent.” The documents you receive typically include an Form 8 Application for Divorce and, if financial matters are involved, a financial statement (form 13 or 13.1 depending). These documents outline what your spouse is requesting, which could include decision making responsibility, spousal support, division of property, and the grounds for divorce.
Take time to read the documents thoroughly, preferably with the guidance of a family lawyer so that you fully understand your rights and obligations. Misunderstanding the contents or failing to respond appropriately can have significant legal consequences.
Step 2: Assess Your Position
If you agree with the terms laid out in the application (e.g., divorce based on one-year separation with no contested issues), you may not need to file a detailed response. However, it’s essential to confirm this with a lawyer.
If you disagree with any part of the application- such as the primary residency, decision making arrangements, support claims, or property division—you must respond by filing a Form 10 Answer with the court. This document outlines your position and any counterclaims you may wish to make.
Step 3: File Your Response to divorce papers in Ontario
You have 30 days from the date of service to file your response. Missing this deadline could result in a default judgment, meaning the court may grant the other party’s requests without considering your input. Filing an “Answer” may also require the filing of a Financial Statement (again, form 13 or 13.1 depending on the facts), which can take time to compile. Start gathering the necessary documents, including proof of assets and liabilities on the date of marriage and separation if equalization is in issue, promptly to avoid delays.
If your matter involves the determination of parenting time or decision-making responsibility, a Form 35 Affidavit outlining the details regarding the care of the child or children is required. Additionally, if children’s aid services have been involved in your case, a Form 35.1 Affidavit must also be completed.
Step 4: Participate in the Legal Process
The legal process in a contested divorce typically begins with a case conference. This meeting, overseen by a judge, aims to identify issues, explore settlement options, and outlines the next steps in the divorce proceedings. The judge will not make final decisions unless both parties agree, or procedural matters need resolution.
If urgent issues require immediate attention—such as the child’s primary residence or spousal support—a motion can be filed.
Step 5: Explore Amicable Solutions
Divorce can be less stressful and expensive if both parties cooperate. Consider these options:
- Mediation: A neutral mediator can help you and your spouse negotiate a separation agreement, addressing custody, support, and property issues.
- Counselling: If you believe the marriage can be saved, suggest couples or marriage counselling. While this may not prevent a determined spouse from proceeding with the divorce, it could provide closure or a path to reconciliation.
Step 6: Prepare for the Future
It can be easy at this stage to lose sight of the fact that you WILL get through this. Focus on preparing for the next chapter of your life. It is highly recommended that you engage a family lawyer to protect your rights and guide you through the legal process. a lawyer can help you become familiar with the divorce process and the applicable law to your specific situation so that you can make informed decisions.
Common Misconceptions About Divorce in Ontario
Can you ignore divorce application?
Ignoring an application for divorce will not stop the divorce process. It is imperative that you involve yourself in the process to ensure that your interests are represented and avoid a default judgment in the favor of your soon to be former spouse.
In Canada, a spouse does not need the other party’s consent to get a divorce, as Canadian law does not allow one party to force the other to remain married.
Separation for a year is not the only path to divorce, but it is the most commonly used. The alternatives—proving adultery or cruelty—require either a sworn admission or evidence presented in court, which can be costly and time-consuming. This gives you time to consider your options.
Even if a divorce is granted, parents will still have obligations to care for their children, including financially through child support where one parent is the primary residence of the children. Issues such as property division, spousal support, child support, and custody must all be resolved either through negotiation or by court order.
Will refusing to move out of the matrimonial home stop the divorce?
No. Remaining in the matrimonial home does not prevent a divorce.
The Importance of Legal Representation
Divorce involves complex legal, financial, and emotional considerations. Having a knowledgeable family lawyer by your side ensures your rights are protected and helps you navigate the process efficiently. A family lawyer can assist with:
- Responding to the divorce application.
- Preparing necessary court documents.
- Negotiating settlements.
- Representing your interests in court, if necessary.
Conclusion
While being served with divorce papers and participating in a divorce can be stressful, understanding your options can help you take control of the situation. Whether you wish to contest the terms, negotiate an amicable settlement, or simply move forward, acting promptly and seeking professional guidance is essential.
Written by Caidan Ubell
Don’t Face Divorce Alone—Get Legal Support Today
Whether you agree with the divorce terms or plan to challenge them, responding properly is essential. At Progressive Legal Solutions, we can help you understand your documents, file your response, and prepare for what comes next. Book a consultation today to ensure your rights are protected from day one.