Divorce: What Happens When the Other Party Doesn’t File An Answer

Divorce: What Happens The Other Party Doesn’t File An Answer

How To Answer an Application

If you are being served with a divorce application, you have to take action and respond in the best way possible. The Courts of Justice Act, Ontario Regulation 114/99 that covers Family Law Rules states:

  • A spouse against a divorce application must serve an answer within 30 days.
  • An answer may be submitted through Form 10, 33B, 33B.1 or 33B.2.
  • A company who serves outside of Canada or the US has 60 days to answer.
  • A party receiving an application may also make claims against the applicant or another person (an added respondent) in their answer.
  • An answer that includes a claim for custody of or access to a child shall be accompanied by the applicable documents.
    • An affidavit in support of the claim for custody or access
    • A report from the Children’s Aid Society and a police records check, only if applicable.
    • Parties may serve answers in response to claims made by the other party within 10 days.

The Consequences of Not Filing An Answer

If a respondent to an application does not serve and file an answer, there are consequences:

  • The party has no rights in the case, except when service of the order.
  • Every other party,
  • The child’s lawyer if they have appointed one,
  • To any other person named by the court.
  • The party has no right to participate in the case.
  • The court may deal with the case in the party’s absence.
  • Finally, A date may be set for an uncontested trial.

You must file an answer to a lawsuit and do so in the time prescribed. If you miss your deadline to serve and file an answer, the court should go ahead without input from you.

Tailor Law’s Mississauga divorce lawyers are here to help in this difficult time. We offer free consultations, during which you can speak with a lawyer and figure out your next steps.

To book your free consultation, call us anytime at 905-366-0202 or through our website here.

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