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How to count days? (Reply to Answer)

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  • How to count days? (Reply to Answer)

    Situation:
    1. I have filed an Application for a Simple Divorce. (I am the Applicant)
    2. Spouse has submitted an Answer. (Spouse is the Respondent)
    3. I wish to submit a Reply.

    The Ontario.ca website says that the Applicant has 10 days to file a Reply. The website is not clear if it is 10 business days or 10 calendar days.

    Is it 10 business days or 10 calendar days?

  • #2
    10 business days.

    Comment


    • #3
      Originally posted by Brampton33 View Post
      Interesting regarding submitting an Answer and Reply. Canada is a no-fault divorce country. Meaning the threshold to meet to get a divorce is that you are separated for 1 year. This can be expedited for reasons of adultery or cruelty, where a judge won't make you wait out a year if your ex committed cruelty or is cheating on you.

      Otherwise, as long as you are separated for 1 year, it is pretty much automatic.

      More than likely a case of wanting to have the last word. If it’s a simple divorce there should have been no need for a response or reply.

      Comment


      • #4
        Originally posted by Brampton33 View Post
        Interesting regarding submitting an Answer and Reply. Canada is a no-fault divorce country. Meaning the threshold to meet to get a divorce is that you are separated for 1 year. This can be expedited for reasons of adultery or cruelty, where a judge won't make you wait out a year if your ex committed cruelty or is cheating on you.

        Otherwise, as long as you are separated for 1 year, it is pretty much automatic.
        Unless...

        There is no separation agreement and there are children and no CS is outlined in the application etc... Then, a reply stating that there is no CS being paid, no SS, the assets haven't been equalized... etc... That is why there is a REPLY ability in a divorce request... even after 1 year of sep. :O

        Every day there are hundreds of "simple divorces" filed where there is no equalization, CS, access, custody, SS, etc... attached to the divorce. Divorces are only granted by a judge until all matters are settled or decided. :O

        Comment


        • #5
          If it is 10 business days that is different than the rules.




          The rules state that if it is over 6 days then it is calendar days and if the final day lands on a holiday or weekend it is the next business day after the calendar days have expired.

          Comment

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