Substitute service in an ontario divorce action.
In an ontario divorce simple or toronto divorce simple where your spouse is evading service OR you can not locate the spouse to serve (deliver) the court documents on them personally, you can Substitute service. And deliver the court documents to your spouse's family member instead of your spouse. The family member can be a parent, or a sibling or any other person they are in regular contact with.
To apply for Substitute service in an ontario divorce simple, please confirm the following information before you proceed and purchase these forms:
1. The only claim you make is a divorce.
2. Under normal circumstances you can not locate your spouse.
3. There are no assets or property for division.
4. You do not have an address for your spouse.
5. The only alternative address you have is for your spouse's nearest relative.
6. Your spouse is in regular contact with this relative.
7. Your spouse's relative has provided his / her address to you.
8. Your spouse's relative may not co-operate in this proceeding and help serve the divorce application on your spouse.
9. Your spouse's relative is not willing to provide an address for your spouse.
10. You have taken reasonable steps to try and locate your spouse.
11. Due to the distance or other reasons, It is not reasonable for you to serve the application for divorce on your spouse's relative personally.
12. You have no knowledge of any person that can perform personal service of the application for divorce on your spouse's relative.
13. It is reasonably expected for your spouse's relative to bring the application for divorce and all other documents in this proceeding to the attention of your spouse.
14. There are no children OR there are children and child support is paid OR you have commenced an action in a different court action seeking child support from your spouse.