How to Serve Divorce Papers in Ontario

After you file for divorce, your spouse must be formally told. This is called service, and getting it right matters because the case cannot move forward properly without it.

This article explains the usual methods, who can serve, how to prove service and what options exist if your spouse is hard to find. Details can vary with your circumstances, so a lawyer can confirm the best approach.

Who can serve the papers

An application must be specially served, by someone other than the party who has to serve it. That means you cannot hand the papers to your spouse yourself. A friend, relative or process server who is not a party to the case is the usual choice.

Methods of special service

Special service methods include the following:

• Leaving a copy with the person.
• Mail with a signed Form 6 acknowledgment postcard.
• Leaving a copy at the residence and mailing another copy.

Which method suits you depends on the situation. For example, the mail method depends on your spouse signing and returning the postcard, so it works best when the separation is cooperative.

Proving service and the timing

Documents must be served before they are filed with the court, and proof of service must then be filed. Keep a clear record of who served the papers, how, when and where, because the person who served them may need to sign a document confirming it.

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

If your spouse does not respond or cannot be found

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

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.

Keep a record of every effort you make to find your spouse, such as contacts tried and addresses checked. This helps if you need to ask the court for another method.

Where service fits in the wider divorce process

Either spouse may start a divorce case by filing an application naming the other spouse as respondent, or the spouses can file a joint application with no respondent. In a joint application, the divorce and any other order can be made only with the consent of both spouses. This article focuses on an application that names the other spouse as respondent.

A simple divorce application is for divorce only, so no other claim, such as support or property, can be made in it. Simple and joint divorce applications can be filed online with an Ontario.ca login, and 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. You cannot file online to request an urgent hearing, or if your court date or legislated deadline is three business days or less away.

What happens after service depends on whether your spouse responds. These points are worth knowing:

• If an answer is filed, the case is contested, and a judge must hold at least one conference.
• If the respondent files no answer or withdraws it, the applicant files an affidavit in Form 36.
• The court cannot grant a divorce until a marriage certificate or marriage registration certificate is filed, unless the application explains why it is impractical to file one.
• The parties in most family cases must attend a Mandatory Information Program, no later than 45 days after the case is started.

What to do next

• Choose a server who is not you.
• Pick a method of special service that suits your situation.
• Serve before you file, then file proof of service.
• Diarize the 30 or 60 day answer deadline.
• Record your efforts if your spouse is hard to find.
• Gather your marriage certificate and other documents early so they are ready to file.
• Ask a lawyer before requesting substituted service or no service.

Frequently asked questions