How to Respond to Divorce Papers in PEI

Being served with a Petition for Divorce means your spouse has filed with the Supreme Court and you're now on a strict deadline. What you do next — and how quickly — determines whether you have a voice in the outcome or the divorce proceeds entirely on your spouse's terms.

Your Deadlines

The clock starts the day you're served:

• 20 days if served within Prince Edward Island
• 40 days if served elsewhere in Canada or the United States
• 60 days if served outside North America

These deadlines are absolute. If you miss them, the petitioner can file to note you in default, which bars you from participating further without explicit court permission.

Your Three Options

Option 1: Do Nothing (Default)

If you agree with everything in the petition — the divorce itself, custody arrangements, support, property division — you can simply let the deadline pass. The petitioner will note your default and proceed to a desk divorce without any further input from you.

This is the cheapest and fastest option if you truly have no disputes. But understand what you're giving up: the right to contest any term of the divorce later requires a separate court motion and is not guaranteed.

Option 2: File an Answer (Form 70D)

If you disagree with any aspect of the petition — custody, parenting time, support amounts, property division — you file an Answer using Form 70D. This document sets out your position on each issue the petitioner raised.

Filing an Answer converts the divorce from uncontested to contested, which means the case enters the litigation track with case management conferences, potential pre-trial hearings, and possibly a full trial. Timeline jumps from months to 12-24 months.

You can also include a counterpetition within your Answer if you want to seek your own divorce on different grounds or claim your own corollary relief.

Option 3: File a Notice of Intent to Defend (Form 70H)

If you need more time to prepare your response, file a Notice of Intent to Defend (Form 70H) within the initial deadline. This gives you an automatic 10-day extension to file your full Answer and Financial Statements. Use this if you're consulting a lawyer or gathering financial documents.

What Default Actually Means

When you're noted in default:

• The petitioner can proceed to the Motion for Judgment without your participation
• The judge will review only the petitioner's evidence and proposed terms
• You cannot file a late Answer or raise disputes without first filing a motion to set aside the default, which requires showing a valid reason for the delay and a potentially meritorious defense
• Child support will be set based on the petitioner's financial disclosure alone

Default doesn't mean you automatically lose everything — the judge still reviews the proposed terms for legal compliance, particularly around child support. But it means you've waived your opportunity to present your side.

Financial Disclosure Requirements

If you file an Answer, you'll also need to file Financial Statements (Form 70I series) disclosing your income, assets, and liabilities. This is mandatory if children or support are involved. The petitioner uses your disclosure to calculate child support under the Federal Child Support Guidelines.

If your Answer disputes property division, the Form 70I(D) Statement of Property becomes critical — it catalogues everything subject to equalization under PEI's Family Law Act.

For the complete filing sequence from the petitioner's perspective, the PEI Divorce Filing Process Guide details every deadline and document requirement across all three filing stages.

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