How to Serve Divorce Papers in Ontario

Serving divorce papers correctly is one of the most important steps in the divorce process in Ontario. Improper service can delay your case or result in a dismissal. Here is what you need to know.

Step 1 — Obtain and Prepare Your Documents

Before service can occur, you must have your divorce application issued by the Ontario Superior Court of Justice. Your lawyer or the court clerks office can assist with this. The issued application will have a court stamp and file number.

Step 2 — Personal Service Is Required

Under the Divorce Act and Ontario's Family Law Rules, divorce documents must be served personally on your spouse. This means the documents must be physically handed to the respondent — you cannot simply mail them or leave them at their door without a court order permitting an alternative method.

Step 3 — You Cannot Serve Your Own Spouse

The person serving the documents must be at least 18 years old and must not be a party to the divorce proceeding. This means you cannot personally hand the papers to your spouse yourself. You must use a third party — typically a professional process server.

Step 4 — Obtain an Affidavit of Service

After service is completed, the process server prepares a sworn Affidavit of Service confirming who was served, when, where, and how. This affidavit must be filed with the court as proof that your spouse received the documents. Without it, your divorce proceeding cannot move forward.

What If Your Spouse Cannot Be Located?

If your spouse is evading service or their whereabouts are unknown, you can bring a motion to the court requesting an order for substituted service. This allows an alternative method of delivery — such as service by mail to a last known address, or service on a relative. A professional process server can assist with skip tracing to locate a missing spouse before bringing this motion.

Important Note: Family law rules can change. Always confirm current requirements with your lawyer or the Ontario Superior Court of Justice before serving documents.

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