How to Serve Divorce Papers in Ontario: Rule 6 Explained
You cannot just hand the papers to your ex. Learn the strict rules of Personal Service, how to hire a process server, and what to do if your spouse is hiding.
Legal Review
This procedural guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Rule 6: Service of Documents under the Family Law Rules.
The Quick Answer: Can I Serve My Spouse?
NO. Under Ontario law, you cannot serve your spouse yourself.
You must use a third party (a friend, family member, or professional Process Server) to hand the documents to your spouse. This ensures safety and prevents arguments about whether the papers were actually delivered.
Once delivered, the server must swear an Affidavit of Service (Form 6B), which is required to finalize the divorce.
Important: Attempting to serve your spouse yourself will invalidate the service, and the court will reject your divorce application.
3 Ways to Serve Documents
Under Rule 6 of the Family Law Rules, there are three approved methods for serving divorce papers in Ontario.
Personal Service
A third party hands the document directly to the spouse. If they refuse to take it, the server can drop it at their feet.
Service on Counsel
If your spouse has a lawyer, you can serve the lawyer directly, if the lawyer signs an "Acceptance of Service."
Substituted Service
If they are hiding or cannot be found, you need a Court Order to serve them via email, social media, or a relative.
Which Method Should I Use?
Personal Service is the default and most common method. Only use Substituted Service if you have exhausted all reasonable attempts to locate your spouse and have obtained a court order.
The "Affidavit of Service" Trap
Form 6B is the most critical document in your divorce. One mistake can delay your case by months.
The Document
Form 6B (Affidavit of Service) is the sworn proof that your spouse received the divorce papers.
Without this document, the judge cannot grant your divorce, even if everything else is perfect.
What It Must Include:
- Exact date and time of service
- Precise location (address)
- Description of the person served
- List of documents delivered
- Sworn signature before a Commissioner
The Error
If the Affidavit of Service contains even a minor error, the court clerk will reject your entire divorce application.
Common mistakes that cause rejection:
Fatal Errors:
- Wrong date or time
- Misspelled name
- Incorrect address
- Not sworn before a Commissioner
- Missing server's signature
⚠️ Result: Your divorce is delayed by 2-3 months while you re-serve the papers and file a new affidavit.
Professional Tip
Many lawyers recommend using a professional Process Server specifically because they are trained to complete Form 6B correctly the first time, avoiding costly delays.
Step-by-Step: How to Execute Service
Follow these four steps to properly serve divorce papers under Rule 6.
Hire a Server
Use a professional process server (approximately $100-$150) or a trusted friend over 18 years old who is not a party to the case.
Delivery
The server hands the Application (Form 8A) directly to the spouse. They do not need to touch it; identifying them and leaving it nearby is sufficient if they refuse.
Commissioning
The server takes Form 6B (Affidavit of Service) to a lawyer or notary public to swear under oath that they properly served the papers.
Filing
You upload the sworn Form 6B to the Ontario Court Services online portal to prove service was completed.
Timeline Estimate
The entire service process typically takes 1-2 weeks from hiring a server to filing the sworn affidavit. If your spouse is avoiding service, it may take longer and require a motion for Substituted Service.
Relevant Laws & Statutes
These official legal resources provide the statutory authority for service procedures in Ontario.
Family Law Rules (Rule 6: Service)
Official regulations governing service of documents in Ontario family law cases.
Ontario Court Forms (Form 6B: Affidavit of Service)
Download the official Form 6B and other family law forms.
Ministry of the Attorney General (Guide to Service)
Government guide explaining service procedures in family court.
Legal Authority
All service procedures described on this page are governed by Rule 6 of the Family Law Rules, O. Reg. 114/99. These rules have the force of law and must be followed exactly to ensure your divorce application is accepted by the court.
Service of Documents FAQs
Common questions about serving divorce papers in Ontario.
Still Have Questions?
Service errors can delay your divorce by months. Get expert guidance.
Book a Consultation
Deepa Tailor
Senior Family Lawyer
Deepa Tailor advises clients on proper service protocols, ensuring that procedural errors do not delay the granting of the final divorce order. With extensive experience in Ontario family law, she helps clients navigate the technical requirements of Rule 6 and avoid common pitfalls that can derail divorce applications.
Can't Find Your Spouse?
We help clients navigate complex service situations, including evasive spouses, international service, and substituted service applications.
Court Applications
We file motions for substituted service when traditional methods fail.
Skip Tracing
Professional investigators can locate spouses who are avoiding service.
Proper Procedure
Ensure Form 6B is completed correctly to avoid delays and rejections.
Most consultations scheduled within 48 hours