How to Serve Divorce Papers in Ontario

Service of process is the step where most self-represented divorce filers in Ontario make their first serious procedural mistake. The rule is straightforward — you cannot hand the divorce papers to your spouse yourself — but the options for who can serve, how they do it, and what happens when service fails each have specific requirements that, if missed, will get your filing rejected.

Why You Cannot Serve the Papers Yourself

A divorce application is an originating document. Under Rule 6 of the Family Law Rules, originating documents require Special Service, which means the applicant is prohibited from personally delivering them. This is a due process protection — the court needs independent confirmation that the respondent actually received the documents.

Who Can Serve

Any of the following can perform service:

• A professional process server — typical cost in Ontario is $75 to $200, depending on location and the number of attempts needed
• Any person who is at least 18 years old — a friend, family member, or colleague who is not a party to the case
• A lawyer or licensed paralegal

The server must be able to identify the respondent and must later swear an affidavit confirming service was completed.

Methods of Service

Personal Service

The server physically hands the documents to the respondent. This is the most common and most reliable method. The server needs to be reasonably certain they are giving the papers to the correct person.

The package that must be delivered includes:

• The issued Form 8A: Application (Divorce) — with the court seal, file number, and issue date
• A Continuing Record Table of Contents
• A blank Form 10: Answer (so the respondent knows how to respond)
• Form 6: Acknowledgement of Service

Service by Mail

The server mails the documents to the respondent along with Form 6: Acknowledgement of Service. This method is only valid if the respondent signs Form 6 and returns it to the applicant. If the respondent does not return the signed form, mail service is not complete and you cannot rely on it.

This method works when the respondent is cooperative but geographically distant. It does not work if the respondent is uncooperative or evasive.

Substituted Service

If you cannot serve the respondent through normal methods — they have moved, they are actively avoiding service, or they are in a location where personal service is impractical — you can ask the court for an order allowing substituted service.

This requires filing a motion supported by a detailed affidavit that demonstrates your exhaustive search efforts:

• Checking social media profiles and online activity
• Contacting the respondent's known employer
• Reaching out to mutual friends and relatives
• Searching public records and directories

If the court is satisfied you have made genuine, documented efforts to locate the respondent, a judge can order service by alternative means — such as email, social media message, or publication in a newspaper.

Dispensing with Service

In rare cases where even substituted service is impossible — the respondent has completely disappeared with no traceable contact information — you can ask the court to dispense with service entirely. This is a high bar. The court needs to be convinced that every reasonable avenue has been exhausted and that further attempts would be futile.

After Service: Form 6B

Once service is complete, the server (not you) must swear Form 6B: Affidavit of Service. This affidavit must be sworn in front of:

• A commissioner for taking affidavits — available for free at any Ontario family court counter
• A licensed notary public — approximately $21

The sworn Form 6B is then uploaded through the Ontario Courts Public Portal (Toronto) or Family Submissions Online (rest of Ontario), along with Form 36A: Certificate of Clerk (Divorce), which asks the registrar to confirm that no Answer has been filed.

The Response Window

After service, the respondent has a fixed period to file a Form 10: Answer:

If the respondent does not file an Answer within the applicable window, they are noted in default. Default strips the respondent of the right to participate in future steps or receive notice of subsequent proceedings.

Service Must Happen Within Six Months

There is a hard deadline: service must be completed within six months of the date the application was issued by the court. If you cannot complete service within this period, check with the court registry about the status of the application before proceeding.

Common Service Mistakes

Serving the papers yourself. Even if your spouse accepts them willingly, self-service violates Rule 6 and will be rejected.

Using mail service without getting Form 6 back. If the respondent does not return the signed Acknowledgement of Service, mail service is legally incomplete. You have no proof of service to file with the court.

Not having the affidavit sworn. Form 6B must be sworn or affirmed before a commissioner — an unsworn affidavit is not valid evidence of service.

Insufficient search documentation for substituted service. The court expects specific, documented efforts. A general statement that you "tried to find them" is not enough.

The Ontario Divorce Filing Process Guide includes a service decision tree covering each method, the Form 6B procedure, and the motion template for substituted service — so you can match the correct service approach to your situation and document it properly for the court.

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