How do I serve divorce papers on my spouse in Saskatchewan?
This answer covers the law of Saskatchewan.
You serve divorce papers by getting the issued Petition to your spouse in a way the court rules accept, and the Petition form states it is to be served within 6 months after it is issued unless the court orders otherwise.
Service of court documents is governed by Part 12 of The King's Bench Rules. If your spouse has not signed an acknowledgment of service, you can prove service with an affidavit of service in KB Form 12-15. Form 15-8A includes affidavit forms for personal service and for service by alternative mode. The Petition itself is Form 15-8A, and Part 15 of the King's Bench Rules governs family proceedings.
Who may serve and exactly which methods are allowed depend on the Rules and your circumstances, so check Part 12 or ask a lawyer before you serve. If your divorce will be uncontested, the Court of King's Bench offers a free Self-Help Divorce Kit with instructions and one set of forms, requested from the Family Law Information Centre at 306-787-5837 or 1-888-218-2822. Keep a record of every step, because you will need to show the court that service happened.
Key takeaways
- The Petition form states it is to be served within 6 months after it is issued unless the court orders otherwise.
- Service of court documents is governed by Part 12 of The King's Bench Rules.
- When no acknowledgment of service is available, service can be proved by an affidavit of service in KB Form 12-15.
- Form 15-8A includes affidavit forms for personal service and for service by alternative mode.