(LSNC)Wait for a response

Wait for a response

The respondent has 30 days to respond to your Notice of Family Claim (Form F3).

They do this by filing and serving on you a Response to Family Claim (Form F4). They may also file and serve a Counterclaim (Form F5) to start their own claim for child or spousal support or parenting orders. You'll get a copy of these documents.

If you've asked for child or spousal support, the respondent must also file and serve a Financial Statement (Form F8) within 30 days after being served the Notice of Family Claim (Form F3).

If the respondent lives outside the US or Canada, they have 60 days to file the Financial Statement.

What's my next step?

If you were applying for... Your next step is...
A sole divorce
An interim family order
A final family order (not including divorce)
If you receive a response and you want to... If you don't receive a response and you want to...

Make an agreement, read Making an agreement after you separate or Write your own separation agreement.

 Learn more, read If the other person doesn't respond to your application for an order.
Get an interim order, go to Get an interim family order in Supreme Court if you can't agree. Get a final order, go to Do your own uncontested divorce, even if you're not asking for a divorce. The guide describes the process for getting final orders when the other person doesn't respond.

What if the court refuses to take my application?

If you're applying for an undefended divorce, the court may not make an order because no arrangements have been made for spousal support or because you haven't made proper arrangements for child support. You may have to do one of the following:

  • Amend (change) the Notice of Family Claim (Form F3) to add information about your spouse's income or the amount of support you want. Then file the amended notice at the court registry. Have it served on your spouse. Your spouse has 30 days to file a response.

  • Provide more information in your Affidavit — Desk Order Divorce (Form F38) about your spouse's income or the amount of support you want. Re-submit your application for the divorce at the registry.
Get legal advice about which is the best option for you. You may be able to explain your situation to a judge instead, but only if the judge tells you to do so.

If the judge refuses your application until a spousal support order is in place:

  1. Change the Notice of Family Claim (or Counterclaim) to add the amount. Then file the amended notice at the court registry. Have it served on your spouse. Your spouse has 30 days to file a response.
  2. Explain your situation to the judge (but only if the judge tells you to do so).

See also How Do I Change Something in My Notice of Family Claim? on the JP Boyd on Family Law website and Rule 8-1 in the Supreme Court Rules.

You've now gone through all the steps required to start a family law case in Supreme Court. Thank you for using our step-by-step guide.

Updated on 14 May 2019