CAN YOU GET A DIVORCE IF YOU DON’T KNOW WHERE YOUR EX IS?

As we do a lot of “uncontested divorces”, we have helped many people who want a divorce, but have no idea where their spouse is. Fortunately, in Ontario Family Courts, there are ways to get a divorce, even if you have lost track of your spouse.

After you start the divorce proceeding, asking for only a divorce, you can bring a motion, without notice, asking for an order that the wife be deemed to be served by sending her a message on Facebook, sending court documents to her last known address or similar. That motion can be brought “in writing” using a form 14B and a supporting affidavit, so there does not need to be an actual in-person hearing before a judge. You can look at Rule 6(15) of the Family Law Rules.

However, you may save time and frustration by getting a lawyer to do this for you. The lawyer will likely only charge a little bit more for doing this than he or she usually charges for an uncontested divorce). My firm charges $1500 for uncontested divorces. If you have to wait a few times in line at the court office while you get your paperwork in order, you may find that the cost is worth it to avoid frustration. For more about uncontested divorces see this blog post.

The process for getting a divorce, and other family law matters, are discussed in more detail in this $20 easy-to-understand book on the Basics of Ontario Family Law.