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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-02-2017, 06:05 PM
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Default Process Serving - in Person

Hello,

I have submitted a form 8A (application for divorce) with the courts and am now in the process serving stage. I am aware of where my respondent lives and works, but out of respect to her, have reached out and asked if she would accept the paperwork by mail (served and mailed by a processor). She has not responded and thus my next step is to figure out how best to proceed while minimizing angst and additional grief on her part.

If I use a process server to serve her in person with the documents and the process server is successful in delivering the items to her/or by her feet, do I require additional permission from the courts to do so (much like advertising the application in the news, etc) or is that standard service?

Thanks

(I do not know why she has not responded although I don't think that's relevant from a legal perspective right now)

(neither party has a lawyer although a separation agreement has been signed and agreed upon - seeking a final uncontested divorce at this point)

*reside in Ontario
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Old 06-02-2017, 08:58 PM
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Quote:
Originally Posted by superangrypenguin View Post
If I use a process server to serve her in person with the documents and the process server is successful in delivering the items to her/or by her feet, do I require additional permission from the courts to do so (much like advertising the application in the news, etc) or is that standard service?

What exactly is your question? Are you asking whether anything additional is required from you if you use a process server to serve the other parent? Your process server will serve the other parent and file an affidavit of service. The affidavit of service will be sufficient enough for the courts to know that the other parent was served. You cannot serve an application yourself - it must be a 3rd party.

Don't advertise your court proceedings in the news or social media (especially Facebook) .
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Old 06-02-2017, 08:59 PM
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Originally Posted by trinton View Post
What exactly is your question? Are you asking whether anything additional is required from you if you use a process server to serve the other parent? Your process server will serve the other parent and file an affidavit of service. The affidavit of service will be sufficient enough for the courts to know that the other parent was served. You cannot serve an application yourself - it must be a 3rd party.

Don't advertise your court proceedings in the news or social media (especially Facebook) .
Sorry, I should have said:

Do I need to apply for substituted service from the courts in order to serve in this manner? Using a process server to serve her in person?

I know if I served her parents then I would need substituted service, but not sure if I need to do so with serving her in person.
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Old 06-02-2017, 10:26 PM
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This may or may not be relevant, and pure speculation on my part....

if you have already told her that she is going to be served then it would not take a leap to deduce that she is consulting a lawyer. Lawyer may have advised her to do nothing until she is served.

Process server is the way to go. You can instruct the process server to serve her when she leaves work and is getting into her car. You simply provide information to process server (hours of work, make of car, photograph of her, etc.).

I get that you are trying to "minimize angst...." etc. However, 12 months from now this will seem very trivial to you.

Best to get things done right.

I do hope the two of you have had Independent Legal Advice (ILA). You may save yourself much stress and $$$ in the future if you do things correctly right at the start. Pinching pennies when it comes to separation agreements isn't a wise decision and I urge you to reconsider and retain a family law lawyer to review everything for you.
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Old 06-03-2017, 01:03 PM
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You can instruct the process server to serve her when she leaves work and is getting into her car .
No. Process server shouldn't show up to your workplace. If they do then they are asking for a complaint and a lot of trouble. A process server once wanted to arrange to serve me at work and I made it clear I didn't want them at my work place. They said they understand and respect that. They could actually be charged with trespassing.

Last edited by trinton; 06-03-2017 at 01:07 PM.
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Old 06-03-2017, 01:07 PM
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I had my ex served at his place of employment (outside). There is absolutely nothing wrong with this. Process server would know that you don't enter the place of employment.

A process server knows where and when they can most effectively conduct the service.
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Old 06-03-2017, 02:23 PM
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I had my ex served at his place of employment (outside). There is absolutely nothing wrong with this. Process server would know that you don't enter the place of employment.

A process server knows where and when they can most effectively conduct the service.
If you tell them you don't wish to be served at work they must respect your privacy and not be out to embarrass you at work in front of your colleagues. Could you imagine we start serving our exes at restuarants while they are serving guests? Serving someone inside building or on parking lot isn't any different. It is both Private Property and their place of employment. Stay the hell out of it.


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There is no doubt that the personal service of this motion for contempt during the Husband’s birthday party was an upsetting and embarrassing experience. There is no doubt that use of court proceedings to cause gratuitous distress is outside the “rules of warfare” and may be punished through costs. In this case, however, the only evidence that this was the intent of the wife is the fact that the parties have conducted this litigation bitterly, the fact that the Wife swore her affidavit some 5 days prior to the material being served and the fact that service was effected on an embarrassing occasion at his home. There is no other evidence to support the suggestion that this was done deliberately. Should an inference be drawn from this circumstantial evidence? I have concluded that it should not. The circumstances which generated the Wife’s motion had existed for some time and one can understand her desire to bring the issue to a conclusion. While she swore her affidavit on the 20th of November counsel then had to incorporate that affidavit into a record. The documents required personal service because they pertained to contempt. A professional process server was apparently retained. There is no evidence that any special instructions were given to the process server. There is evidence that the Husband had previously asked not to be served at work so his home was the natural place for service.
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Old 06-03-2017, 02:47 PM
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Naturally, if someone has previously-requested to not being served somewhere it isn't kosher to do it anyhow. Common sense prevails. However, IF someone evades being served then it's fair game IMO.

Serving someone after they leave the property of their employer is fairly common. I'd prefer being served that way, particularly if I had children at home.

An experienced process server knows the rules.
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Old 06-03-2017, 04:42 PM
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Originally Posted by arabian View Post
You can instruct the process server to serve her when she leaves work and is getting into her car. You simply provide information to process server (hours of work, make of car, photograph of her, etc.)..

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Serving someone after they leave the property of their employer is fairly common.

If they are parked in the parking lot of their work.. that's still the property of their employer. If they work downtown or something and parked in public parking that may be different but it still wouldn't make them the most pleasant person in the world to be stalking you outside of your work - you're still likely to be chatting with colleagues when leaving work and your colleges or managers are likely using those same parking areas.

Last edited by trinton; 06-03-2017 at 04:53 PM.
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Old 06-03-2017, 06:23 PM
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This is why it's my last resort to serve her at work. I want to minimize embarrassment and will try to serve her so that only she's aware of what's going on. (hence why serving at place of residence is where I will first attempt)
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