What Happens If Your Spouse Doesn't Respond to Your Ontario Divorce Application?

It happens more often than people expect: one spouse files for divorce, serves the other party, and then hears nothing. The other party does not file a response, does not communicate with their lawyer, and simply ignores the proceedings.

Can a divorce still happen? Yes.

The Right to Proceed in Default

Ontario family law does not require the consent of both parties to proceed with a divorce. After properly serving the other party with the divorce application, if they fail to respond within the required timeframe, the applicant can proceed on a default basis.

This means the court can make orders — including a divorce order — without the other party’s participation.

What Is the Timeline for Default?

After the Respondent is served with the Application:

• Respondent living in Ontario: 30 days to file an Answer
• Respondent living in another Canadian province: 30 days
• Respondent living outside Canada (including China): 60 days

If no Answer is filed within this period, the Respondent is noted in default. The Applicant can then proceed to seek the divorce and any other relief claimed in the Application.

The Default Process: Step by Step

1. Serve the Application on the Respondent following the rules for service (personal service, alternative to personal service, or — for parties in China — specific international service methods)
2. File proof of service with the court
3. Wait for the response period to expire
4. Note the Respondent in default by filing the appropriate form
5. File your divorce motion materials (Affidavit for Divorce, Financial Statement if required)
6. The court reviews your materials without a hearing (in uncontested cases) and issues the divorce order

Serving a Party in China

Service on a party in China is more complex. Ontario courts require that service on a party in China be completed in a manner permitted by the Hague Service Convention — or by another recognized method.

Common methods include:

• Service through the Central Authority (Ministry of Justice in China) — can take 6–12 months
• Service by registered mail (if permitted under the convention in the specific circumstances)
• Alternative service, if the court permits it

The timeline for serving someone in China can significantly extend the overall divorce timeline.

What Orders Can Be Made on Default?

In a default proceeding, the court can make:

• A divorce order (ending the marriage)
• Orders for child support (based on the Applicant’s evidence of the Respondent’s income)
• Orders for spousal support
• Orders regarding the matrimonial home and property division

However, it is important to note that default orders are made based on the Applicant’s evidence only. The court will review the materials carefully, and claims that are not properly supported may not be granted.

Can a Default Order Be Set Aside?

Yes. A Respondent who was properly served but failed to respond can bring a motion to set aside the default — but they must act promptly and provide a reasonable explanation for why they did not respond.

Courts have the discretion to set aside defaults and allow a Respondent to file a late Answer, particularly if:

• The Respondent was not aware of the proceedings (but service must have been proper)
• There is a meritorious defence
• The other party will not be seriously prejudiced

The longer a Respondent waits, the harder it becomes to set aside a default order.

Practical Advice

If your spouse is refusing to participate in divorce proceedings, this is frustrating — but it is not a roadblock. The process takes longer, but the court will not allow one party to indefinitely block proceedings simply by ignoring them.

Document your service carefully. Follow the rules precisely. Be patient with the timeline — especially if your spouse is in China.

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This article was written by Miao He (何淼), Ontario lawyer (LSO #83315K) and China-licensed lawyer, focusing on family law for the Chinese-Canadian community in the GTA.