How to Respond to Divorce Papers in Nunavut

Being served with divorce papers does not mean you must immediately agree or that the divorce will happen on your spouse's terms. You have a fixed window to respond, and how you use that time determines whether the divorce proceeds as your spouse requested or whether you have input on the terms.

Your Response Deadline

The clock starts the day you are served. Your deadline depends on where you were served:

• 25 days if served within Nunavut
• 30 days if served elsewhere in Canada
• 60 days if served outside Canada

These are calendar days, not business days. If the deadline falls on a weekend or holiday, it extends to the next business day.

Three Options After Being Served

Option 1: File an Answer (Form 4)

If you disagree with any part of the petition — the proposed parenting arrangements, child support amount, spousal support, property division, or even the stated grounds for divorce — you file Form 4 (Answer) before the deadline. This makes the divorce contested, which means the court will schedule hearings to resolve the disputed issues.

Filing an Answer is the only way to formally put your version of events and your requested terms before the court. Without it, the judge decides based solely on what your spouse submitted.

Option 2: File a Demand of Notice (Form 6)

If you do not want to contest the divorce but want to be notified of any future court dates, motions, or changes to the case, file Form 6 (Demand of Notice). This keeps you in the loop without turning the process into a contested matter. The divorce can still proceed as an uncontested desk order.

Option 3: Do Nothing (Default)

If you do not file any response within the deadline, the divorce proceeds by default. Your spouse can submit Form 11 (Request for Divorce Without Oral Hearing) and ask a judge to grant the divorce on the terms stated in the original petition. You will have had no input on the parenting arrangements, support amounts, or property division.

Doing nothing does not mean the divorce is denied — it means it goes forward entirely on your spouse's terms.

What If You Miss the Deadline

If you missed the response window, you may still be able to file a late Answer by bringing a motion to the Nunavut Court of Justice asking for an extension of time. You will need to explain why you missed the deadline and demonstrate that you have a meritorious defence or legitimate position on the disputed terms. The judge has discretion to grant or deny the extension.

Acting quickly matters — if a Divorce Judgment has already been signed, the process for challenging it becomes significantly more complex and requires an appeal within the 31-day appeal period.

When You Agree With Everything

If you agree with the petition as filed, doing nothing is a perfectly valid response. The divorce will proceed as uncontested, the terms your spouse proposed will be adopted, and no court appearance is needed. However, you should carefully review the child support amounts against the Federal Child Support Guidelines tables before allowing a default — once the Divorce Judgment is signed, changing support terms requires a formal variation application.

The Nunavut Divorce Filing Process Guide includes guidance for both petitioners and respondents, with checklists for each filing path.

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