Can I Get a Divorce in Ontario if I Don't Know Where My Spouse Is?
The other spouse does not have to consent to a divorce in Ontario, but whether you can go ahead without knowing where they are depends on your facts, including how the documents can be served. You still need to meet the usual rules: either spouse must have been habitually resident in Ontario for at least one year immediately before the case starts, and breakdown is usually shown by living separate and apart for at least one year.
Your application must be served by someone 18 or older other than you. A respondent served in Canada or the US has 30 days to serve and file an answer, and 60 days if served elsewhere. If no answer is filed, the applicant files the Affidavit for Divorce (Form 36) and the divorce can be decided on paper.
What to do when you cannot locate your spouse, including how to search for them and whether the court can approve another way of serving or excuse service, depends on your facts. Ask a lawyer about these steps before you file, and keep a record of every attempt you make to find your spouse.
Key takeaways
- The other spouse does not have to consent to a divorce, and no minimum length of marriage is required.
- Either spouse must have been habitually resident in Ontario for at least one year immediately before the case starts.
- Someone 18 or older, other than you, must serve the documents.
- How to search for your spouse and how to serve them depends on your facts, so confirm the steps with a lawyer.