How to Respond to Divorce Papers in Nova Scotia

You've Been Served — Don't Panic, But Don't Ignore It

Being served with a Petition for Divorce (Form 59.09) or an Application for Divorce by Written Agreement (Form 59.45) means your spouse has formally started divorce proceedings. You have a strict, time-limited window to respond, and what you do during that window determines whether you have any say in the terms.

Your Response Deadline

The time limit is calculated from service, but the day you were personally served is not counted. Your deadline depends on where service happened:

• 15 business days — if served within Nova Scotia
• 30 business days — if served elsewhere in Canada
• 45 business days — if served outside Canada

These are business days — weekends and statutory holidays don't count. Mark the deadline the moment you're served. Missing it has real consequences.

What Happens If You Don't Respond

If you let the deadline pass without filing an Answer, the Petitioner can apply to have the case declared uncontested by default. They'll file an Uncontested Motion for Divorce (Form 59.44) and a supporting affidavit, and a judge will review the file in chambers without your input.

A default doesn't automatically mean the worst-case scenario. The judge still reviews the proposed terms — child support must align with the Federal Child Support Guidelines, and the parenting plan must be in the children's best interests. But you lose the ability to negotiate, propose alternatives, or contest anything in the Petitioner's draft orders.

Filing an Answer (Form 59.10)

If you disagree with any of the terms your spouse is proposing — parenting time, child support amounts, property division, spousal support — you need to file an Answer.

Form 59.10 is your response document. It lets you:

• Agree to the divorce itself while disputing specific terms
• Propose your own parenting plan or support calculations
• Raise issues the Petitioner didn't address (like property division under the Matrimonial Property Act)

Filing an Answer costs $73.20 at the registry.

Once your Answer is filed, the case is officially contested. Either party must then file a Request for a Date Assignment Conference (Form FD10). The DAC is a short, mandatory appearance before a judge where you'll organize financial disclosures, identify witnesses, and explore whether a settlement conference can resolve the disputed issues before trial.

When You Agree With Everything

If you were served with an Application by Written Agreement (Form 59.45) and you actually agree with all the terms — the separation agreement reflects what you both negotiated — you typically don't need to file an Answer. The Applicant proceeds with the second-stage uncontested documents after proof of service, and a judge processes everything on paper.

However, if the documents contain anything you didn't agree to, or if the terms don't match the separation agreement you signed, file an Answer immediately and get the discrepancy on record.

Should You Get a Lawyer?

You can file an Answer yourself, but consider at least a one-time consultation if:

• Your spouse has a lawyer and you don't
• Significant assets, pensions, or business interests are at stake
• You disagree on child custody or parenting arrangements
• You're being asked to accept spousal support terms you haven't evaluated

Many Nova Scotia lawyers offer unbundled services — a one-time review of the Petition and your draft Answer for $200 to $500, without committing to full representation.

Understanding the Full Process

Whether you're responding to papers or initiating the filing yourself, the Nova Scotia Divorce Filing Process Guide maps out the complete process from both sides — response deadlines, document requirements, and what happens at each stage of a contested or uncontested case.

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