What Happens When You're Served?

Being "served" with a family court application means someone has started a court case naming you as the respondent and formally delivered the documents to you, generally in a way the Family Law Rules require. The application sets out what the other party — the applicant — is asking the court to decide, which might include parenting arrangements, child or spousal support, division of property, or a divorce.

This page focuses on your position as the person being served: your general options, time limits, and what can happen if you take no action. For an overview of how the applicant's side of a case is generally prepared and filed, see starting a family court case. For a broader orientation to how Ontario's family court system works overall, see family court: a getting-started guide.

Being served does not mean a decision has already been made against you. It means you generally have an opportunity — and, if you want to contest anything or ask for something different, a reason — to respond within the time allowed.

How the documents are delivered can matter too. The Family Law Rules generally set out acceptable methods of service, and proof that service happened properly is often part of the court record. If you believe you were not served correctly, that is generally a separate question from whether you agree with what the application asks for, and it is worth raising with whoever is helping you respond rather than simply ignoring the paperwork.

The Answer: What It Generally Includes

A respondent generally replies using a document called an Answer (Form 10, available from Ontario Court Services). An Answer is where you tell the court, and the applicant, your position on what has been asked for.

An Answer generally lets you:

  • Agree or disagree with each of the applicant's specific requests
  • Explain, in your own words, why you disagree with any part of the application
  • Set out relevant background facts from your own perspective
  • Raise your own requests of the court, addressed separately below

Like the application itself, an Answer generally needs to be both served on the other party and filed with the court — filing alone is not usually enough. Ontario Court Services publishes the current version of the form and its instructions; always use the current version rather than an old copy, since forms are updated from time to time.

Time Limits to Respond

The Family Law Rules set out how much time a respondent generally has to serve and file an Answer, and the period is commonly described as 30 days after being served, if you were served somewhere in Canada or the United States, extending to 60 days if you were served outside both. These figures reflect the general rule as published by Ontario Court Services and described in the Family Law Rules; some situations can vary the applicable deadline — for example, a court may sometimes shorten or extend it, or a specific type of claim may work differently. Always confirm the deadline that applies to your own documents rather than assuming a number, and act quickly if you are unsure, since these time limits tend to run from the date of service, not the date you get around to reading the paperwork.

Because the clock generally starts as soon as you're served, many respondents find it worthwhile to get at least a brief consultation early — before spending weeks deciding what to do — even if they ultimately handle the Answer themselves. See Getting Help Before You Respond below.

Raising Your Own Claims in an Answer

An Answer is not limited to defending against what the applicant has asked for. It generally also lets you raise your own requests in the same document — sometimes called a claim or cross-claim — so the court can consider both sides' positions together rather than in separate proceedings.

Depending on your situation, this might include asking the court for:

Raising your own claims generally needs to happen within the same time limits described above, using the Answer itself, rather than as an afterthought once the case is already underway.

Financial Statements for the Respondent

If support or property is in issue anywhere in the case — whether the applicant raised it, you are raising it yourself, or both — a respondent generally also needs to complete a sworn or affirmed financial statement alongside the Answer. Which version applies generally depends on what is being claimed: a statement focused on support claims only, or a longer version used where property and debts are also involved.

A financial statement generally needs to be supported by documents backing up the figures you provide, such as recent pay stubs, tax returns, and notices of assessment. Financial disclosure obligations in family court apply to both applicants and respondents equally, and are generally taken seriously by the courts — incomplete or delayed disclosure is a common source of delay and conflict. See financial disclosure in family court for a fuller explanation of what is generally required and why.

What Happens If You Don't Respond

If no Answer is filed within the time the Family Law Rules allow, the applicant may generally be able to ask the court to note you in default. This is a formal step the applicant takes, rather than something that happens automatically the moment a deadline passes.

Being noted in default can generally mean:

  • You are no longer entitled to further notice of steps taken in the case
  • The case may proceed without any further input or evidence from you
  • The court may ultimately grant some or all of what the applicant asked for, based largely on the applicant's own evidence, sometimes through an uncontested hearing or trial

In some circumstances, a party who has already been noted in default can bring a motion asking the court to set this aside, but doing so is not guaranteed and generally depends heavily on the specific circumstances and how much time has passed. It is far simpler, where possible, to respond within the time originally allowed — or to seek urgent advice the moment you realize a deadline is close or has passed.

Getting Help Before You Respond

Because response deadlines are short and an Answer can shape the rest of a case, many respondents find it useful to get at least some guidance before filing, even if they plan to represent themselves. Options some people explore include:

  • A Family Law Information Centre at the courthouse handling the case, for free general information and a brief consultation with an on-site advice lawyer
  • Legal Aid Ontario, depending on financial eligibility
  • A limited-scope ("unbundled") consultation with a family lawyer, focused just on reviewing the application and helping you plan your Answer
  • Community legal clinics, in some areas

Even a short conversation with someone familiar with the Family Law Rules can help you understand which parts of the application genuinely need a response, whether raising your own claims makes sense in your situation, and whether a financial statement is required. Waiting until close to the deadline to seek this kind of help generally leaves less room to act on what you learn.

For a broader orientation to these supports and to how a family court case generally moves forward once both sides have responded, see family court: a getting-started guide.

Responding to a Divorce Application Specifically

If the application you were served with includes a claim for divorce, the general Answer process described above still applies, but a divorce claim brings a few extra considerations. You may need to state whether you agree the marriage has broken down, and whether you agree with how any related issues, such as parenting, support, or property, should be resolved.

If you do not dispute the divorce itself or any related issue, the case may in some circumstances continue on a simpler, uncontested footing. If you disagree with the divorce or any part of what is being asked, the matter generally becomes a contested case. For more detail on how divorce works in Ontario generally, see our complete guide to divorce, and for how an uncontested divorce generally proceeds, see uncontested (simple) divorce.

Frequently Asked Questions

How much time do I have to respond to a family court application in Ontario?

The Family Law Rules generally allow 30 days to serve and file an Answer if you were served in Canada or the United States, and 60 days if you were served outside both. Courts can sometimes shorten or extend this in specific circumstances, so confirm the deadline on your own documents rather than assuming it. See Time Limits to Respond above.

What form do I use to respond to a family court application?

A respondent generally uses Form 10: Answer, available from Ontario Court Services. If support or property is involved, a financial statement is generally also required alongside it. See The Answer: What It Generally Includes.

Can I ask for my own things in my Answer, or can I only respond to what's being asked?

An Answer can generally do both. You can respond to what the applicant is asking for and, in the same document, raise your own requests, such as a different parenting schedule, support, or a share of property. See Raising Your Own Claims in an Answer.

Do I need to file a financial statement when I respond?

Generally, yes, if support or property is in issue, whether raised by the applicant or by you. Which financial statement form applies depends on whether property is involved, and it must generally be sworn or affirmed with supporting documents attached. See Financial Statements for the Respondent.

What happens if I don't file an Answer in time?

If no Answer is filed within the time allowed, the applicant may generally be able to ask the court to note you in default. This can mean the case proceeds without further notice to you, and the court may grant what the applicant asked for based mainly on their evidence alone. See What Happens If You Don't Respond.

Can I still do anything if I've already been noted in default?

In some circumstances, a party who has been noted in default can bring a motion asking the court to set aside the default. This is not guaranteed and generally depends on your specific circumstances, so getting advice quickly matters.

Do I need a lawyer to respond to a family court application?

There is no general requirement to have a lawyer, and some respondents prepare an Answer on their own. Given the short time limits and what can be at stake, many people find it valuable to at least get advice before responding, particularly where property or parenting is disputed. See Getting Help Before You Respond.

Is responding to a divorce application different from responding to other family court claims?

The general Answer process is similar, but a divorce claim carries its own considerations, such as whether you agree the marriage has broken down. If you don't dispute anything, the case may proceed on an uncontested basis; if you disagree, it generally becomes contested. See Responding to a Divorce Application Specifically.