Can I get a divorce in Ontario if my spouse lives in another country?
Yes. Provided you have lived in Ontario for at least one year, you can file for divorce here even if your spouse lives abroad. The Ontario court has jurisdiction based on your residence — your spouse's location does not deprive the court of the ability to grant the divorce.
The main complication is serving your spouse with the court documents. Personal service abroad is more involved than domestic service. Ontario courts follow international conventions and rules about serving court documents internationally; in many countries this is done through the Hague Service Convention or through Canadian diplomatic channels. You may need to hire a foreign process server and be prepared for the process to take longer and cost more than domestic service.
If service abroad is impossible or impractical (for example, if your spouse's whereabouts are unknown), you can apply to the court for an order allowing alternative service (by email or other means) or substituted service. You will need to demonstrate the efforts you made to locate and serve your spouse.
Once served, if your spouse does not respond, the matter can proceed as an uncontested or undefended divorce in Ontario. The court will still want to see that child support is in order before granting the divorce.
Key takeaways
- You can divorce in Ontario if you have lived here for at least one year, regardless of where your spouse is.
- Service on a spouse abroad follows international service rules, which take more time and expense.
- If your spouse cannot be located or served, apply to the court for alternative service.
- A foreign spouse who does not respond allows the matter to proceed as undefended.