Ontario Divorce Procedure
Spouse Didn’t Respond? How to Finalize Your Divorce by Default.
Silence can be golden. If your spouse failed to file a Form 10 Answer within 30 days, learn how to proceed with an “Uncontested Divorce” immediately.
Legal Review: This procedural guide to default proceedings was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Family Law Rules regarding timelines.
The Quick Answer: What Happens Next?
If your spouse has been properly served and fails to file a Form 10: Answer within the mandatory time limit (usually 30 days in Canada, 60 days outside Canada), the court assumes they admit to the claims in your application. You can then proceed to file an Affidavit for Divorce (Form 36). This converts your case into an Uncontested Divorce, allowing a judge to grant the order based solely on your paperwork without a trial. This process is governed by Rule 10 of the Family Law Rules.
Why Didn’t They Answer?
There are three common reasons a spouse fails to file a Form 10: Answer within the time limit set by Rule 10 of the Family Law Rules.
Strategic
“They Agree.”
They are fine with the terms (custody/support) and don’t want to pay a lawyer to file a formal response. This is common. Many respondents simply accept the application’s terms by staying silent.
Negligence
“They Forgot.”
They missed the deadline. If they wake up later, they might try to file a “Motion to Set Aside Default” (which is expensive). The longer they wait, the harder it becomes to reopen the case.
Evasion
“They Don’t Care.”
They think ignoring it stops the divorce. It does not. The divorce proceeds without them. The court will make orders based solely on your evidence and application.
The “Noting in Default” Process
The Consequence
Once the deadline passes, the court clerk can “Note the Respondent in Default.”
This is a formal procedural step under Rule 10 of the Family Law Rules where the clerk records that the Respondent has failed to file a defense within the time limit. Once noted in default, the Respondent is legally barred from participating in the case. They lose the right to argue, present evidence, or cross-examine witnesses. The case moves forward as if they do not exist.
The Result
The judge will now look only at your Application.
If your claims for support, custody, and property division are reasonable and follow the applicable guidelines (Federal Child Support Guidelines, Spousal Support Advisory Guidelines), you will likely get exactly what you asked for. The judge reviews your Affidavit for Divorce (Form 36) in their office—no hearing required. This is commonly called a “Desk Divorce.”
Step-by-Step: Getting the Order
Once the time limit under Rule 10 of the Family Law Rules has expired, follow this precise sequence to finalize your Uncontested Divorce.
Check the Calendar
Ensure 30 full days have passed since the Affidavit of Service date. If your spouse was served outside Canada, wait the full 60 days. Do not file early—the clerk will reject your paperwork.
Draft the Affidavit
Complete Form 36 (Affidavit for Divorce). This swears that no reconciliation occurred, that arrangements for children are made, and that the marriage has broken down irretrievably. Attach your marriage certificate and any prior court orders.
Draft the Order
Prepare Form 25A (Divorce Order) for the judge to sign. This is the actual order that legally ends your marriage. Include the specific terms you are requesting for support, custody, and property.
File with Clerk
Submit all documents to the court clerk (plus two stamped, self-addressed envelopes). The judge reviews everything in their office—this is called a “Desk Divorce.” No court appearance is required. The signed order is mailed back to you.
Relevant Laws & Statutes
Verify the information in this guide against these official government sources.
No-Answer Divorce FAQs
Common questions about proceeding when your spouse fails to respond to divorce papers in Ontario.
Usually, yes, if your requests are legal and reasonable. A judge won’t grant illegal terms or extremely low child support just because the other side is silent. Your claims for custody, support, and property must still comply with the Federal Child Support Guidelines and applicable legislation. However, because there is no opposing evidence, the judge will generally accept your sworn statements at face value.
Yes, if you haven’t noted them in default yet. Once you file the default paperwork with the court clerk, they need a judge’s permission to file an Answer. They would have to bring a “Motion to Set Aside Default,” which requires proving they had a valid reason for missing the deadline and a meritorious defense on the substance of the case.
They have 60 days to respond instead of 30. You must wait the full 60 days before filing for default. If they were served in another country outside North America, the time limit is also 60 days. Filing before the deadline expires will result in the clerk rejecting your paperwork.
No. If they don’t answer, it becomes a “Desk Divorce.” The judge signs the order in their chambers without a hearing. You submit your Affidavit for Divorce (Form 36), the proposed Divorce Order (Form 25A), and stamped envelopes. The signed order is mailed back to you.
It is possible but difficult. They must file a motion proving they had a valid reason for missing the deadline (such as never actually receiving the documents) and a good defense on the merits. Courts are reluctant to set aside default judgments unless there is clear evidence of a miscarriage of justice. The longer they wait, the harder it becomes.
More on Divorce Procedure
Continue learning about the Ontario divorce process with these related guides.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor helps clients secure default judgments efficiently, ensuring all procedural requirements are met so the court does not reject the uncontested application.
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