No announcement yet.

Ex avoiding service

  • Filter
  • Time
  • Show
Clear All
new posts

  • Ex avoiding service

    Hello All,

    I have been separated for 5 years, everything has been settled in a court order but the final actual divorce has not been dealt with (the ex refused to negotiate on anything at the time unless divorce was taken off the table).

    I am attempting to proceed with a simple divorce which my lawyer says shouldn't be an issue since everything is covered in the court order. However, my ex keeps refusing to open the door for the process server. He has also attempted to call her to set up a time for service, but she keeps hanging up.

    I have searched the forum and there's lots on service, but not on what happens when a respondent avoids it. If the process server can't serve her then what? How do the documents get to her and the divorce application move forward.

    Thank you in advance!

    Sent from my SM-A715W using Tapatalk

  • #2
    You can try serving her at work as well.

    If it is not possible to serve her, you can bring a motion for substituted service, which is essentially asking the court for permission to serve her in a different manner - perhaps by leaving a copy at her residence plus mailing a copy to her there.
    Ottawa Divorce


    • #3
      Yes, just file an application with the courts.


      • #4
        Originally posted by StevenS View Post
        Yes, just file an application with the courts.
        You will find this link helpful. It's on how to avoid service
        Last edited by blinkandimgone; 08-19-2020, 06:52 AM. Reason: Removed spam


        Our Divorce Forums
        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.