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What happens if there is no response and no form 10 was served?

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Anonymous Asked:

I filed for divorce 30 days ago. The clerk who received my petition for divorce and corresponding forms told me I only HAD to serve my ex with the application for divorce (form 8) and the custody/access form. I did not provide my ex with a form 10 and he has not responded by serving me or filing a response with the court - will I still be able to proceed to request a divorce order?

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Generally speaking, you must serve upon a Respondent all of the documentation that has been issued by the Court. In terms of what should be happening in your case you are asking for guidance in relation to documentation that has been issued by the Court. I can easily provide that guidance to you, however to be responsible I first need to review it. You are welcome to telephone me at 905-451-3222 and make arrangements to drop off, fax, or email that documentation to me, and I am willing to review it and provide you with a free consultation. I make this comment as you are self-represented and I need to determine whether you have correctly advanced your claim(s) by reviewing the issued documentation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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