Divorcing a Spouse Who Lives Outside Canada From Ontario

A spouse who lives overseas does not automatically stop you from divorcing in Ontario if either of you has been habitually resident here for at least one year, but serving papers and meeting deadlines takes more planning. Many people in this situation are unsure where to start, how a spouse in another country is formally told about the case, and what happens if that spouse never replies.

This article walks through the main steps: where you can start, the ground for divorce, filing, how service works, how long your spouse has to respond, what happens if they do not, and what the court looks at before a divorce takes effect.

Can you start in Ontario?

An Ontario court can hear a divorce if either spouse has been habitually resident in Ontario for at least one year immediately before the case starts. Only one spouse needs to meet this test, so your spouse's residence abroad does not matter if you do.

You can file an application naming your spouse as respondent, or the spouses can file a joint application, which requires the consent of both spouses for the divorce and any other order to be made. A simple divorce application is for divorce only and cannot include support or property claims.

If you married in another country, the marriage can be ended by divorce in Canada if Canada recognizes that marriage and the residence requirement is met.

The only ground for divorce under the Divorce Act is breakdown of the marriage. The usual way to show it is that you have lived separate and apart for at least one year before the divorce is decided, and were living separate and apart when the case started. A period counts as living separate and apart if you lived apart and either of you intended to live separately.

• Breakdown can also be shown without the one-year wait if the other spouse has committed adultery or treated you with physical or mental cruelty that makes continued living together intolerable, but the court must also be satisfied that you have not condoned or connived at it, and living together again for 90 days or less, mainly to reconcile, is not condonation.
• The one-year period is not treated as interrupted if you lived together again for periods totalling no more than 90 days, mainly to try to reconcile.

Filing the papers

Simple and joint divorce applications can be filed online with an Ontario.ca login. Documents must be completed, signed and dated and saved as PDF or Word files. From October 14, 2025, all online filings for the Toronto region must go through the Ontario Courts Public Portal, while Family Submissions Online is still available for family cases in other regions.

The Superior Court of Justice charges $214 to file an application. The Ministry of the Attorney General also collects a $10 divorce filing fee for the federal Central Registry of Divorce Proceedings, and that fee cannot be waived. Fees can change, so confirm the current amounts before you file.

The court cannot grant a divorce until a marriage certificate is filed, unless the application explains why filing one is impractical. It also needs a report on earlier divorce cases started by either spouse.

Serving the application

An application must be specially served, by someone other than the party who has to serve it. Special service methods include leaving a copy with the person, mail with a signed Form 6 acknowledgment postcard, or leaving a copy at the residence and mailing another copy.

Documents must be served before they are filed with the court, and proof of service must then be filed. How service works in another country can involve that country's rules, so ask a lawyer before choosing a method.

Time to respond and no response

A respondent must serve and file an answer within 30 days after being served. If the respondent is served outside Canada and the United States, the time is 60 days.

If the respondent does not answer by the deadline and has not asked for more time, you can take steps toward an uncontested trial, decided on your evidence alone. The court may deal with the case in the other party's absence.

If an answer is filed, the case becomes contested and a judge must hold at least one conference.

Even when the case is uncontested, the court has its own checks. It must satisfy itself that there is no collusion and that reasonable arrangements have been made for the support of any children of the marriage before granting a divorce. An affidavit in Form 36 must also be filed, by the applicant if no answer is filed or the answer is withdrawn, or by the applicants in a joint application.

If your spouse cannot be served or found

• Where a spouse cannot be served in the usual way, the court may order substituted service by a method it chooses.
• Service by advertisement requires Form 6A.
• If reasonable efforts to locate the person have failed and no substituted method is likely to work, the court may order that service is not required.

These steps need a court order, so keep a record of every effort you make to find and reach your spouse.

What to do next

A divorce takes effect on the 31st day after the day the judgment granting it is made. The court may order an earlier date if special circumstances justify it and the spouses agree and undertake that no appeal will be taken, or any appeal has been abandoned. Once it takes effect, a certificate that the divorce dissolved the marriage is issued on request.

• Confirm you meet the one-year Ontario residence requirement.
• Gather your marriage certificate, or note why that is impractical.
• Plan who will serve your spouse, since you cannot serve it yourself.
• Keep proof of service and note the 30 or 60 day deadline.
• Speak with a family lawyer about service in your spouse's country and any support or property issues.

Frequently asked questions