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Next step after no Answer

Posted in Divorce, Location, Ontario, Scarborough by Questions on January 8, 2014

It has been more then 30 days since I filed for divorce my spouse as not served me with an answer. We still have outstanding issues to deal with. Can I file a 23C form with out a first court date or case conference being held?

1 Expert Comment

  1. On January 8, 2014 at 1:34 pm
    A Family Lawyer said:

    The Form 23C is an Affidavit for Uncontested Trial, and before taking the time to prepare, serve and file same, one would want to communicate with the Trial Co-ordinator to ensure that your Application has been adjourned to the Uncontested Hearing and then once you have that date and only then would you prepare, serve and file a Form 23C … at least, that is what one would do in Southwestern Ontario. Before you adjourn your application to an uncontested hearing you would want to consult with a lawyer to ensure that you have all necessary evidence to support the claims you are making and so that you will be successful at the hearing. There may be certain information and disclosure you need from the other party and he/she may not be providing same, and in which case you consult with a lawyer to determine how to approach that situation. You cannot adjourn the court application to a Case Conference unless the case is defended, ie, the other party has served and filed an Answer and therefore only if the matter is a defended case would you ask for a Case Conference.

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