Divorce: Service of Documents

by Tyler P. A Passionate Blogger - Entertainment

A common element in law proceedings is the service of documents. This is no different in respect of divorce proceedings. They are requirements outlined with regards to the serving of documents during a divorce proceeding. This article will discuss the rules associated with such proceedings in Ontario.

According to Family Law Rules in Ontario there are specific requirements laid out with regards to serving documents; this can either be done by special service or regular service. It must be noted that key documents that are required to be served by special service include the following:

· An originating process that starts a family law proceeding. The exception to this rule is in the event that the party to be served as a public official

· Any document that potentially exposes the party being served to the risk of imprisonment; e.g., notice of contempt motions, notice of motion or default hearing

The methods of special service that are allowed by these rules include leaving a copy of the document with the person that is being served or their lawyer. Another option would be serving documents by mail where the conditions of service set out in the rules are met.

In order for a person to be eligible for unique service, the person being served must have either of the following characteristics, be a:

· Mentally incapable person

· Corporation

· Children's Aid Society

· Child

Under Family Law Rules rule 6(2) the methods of regular service that are permitted include the following:

· Mail

· Courier Fax

· Email with consent

· Court order

· Document exchange services belonging to the person to be served or their lawyer

· Electronic document exchange with consent

Another form of service that may be used is substituted service. This is only available by motion if the person that brings about the motion gives detailed evidence showing what steps taken in order to locate the person to be served. And once the person has been located what steps have been taken in order to serve the document on the person. It is also necessary for the person that brings about the motion to show the method of service used could reasonably expect to bring the document to the attention of the person being served.

In circumstances whereby reasonable effort has been made to locate the person to be served but these efforts are unsuccessful, and there is no substituted service method that can reasonably be used so as to serve the document on the person; the court is able to order that service is not required.

It is necessary that once a document has been served on a party that there exists proof of such service. This proof can be provided by either of the following:

· A written acceptance or admission of service by the person to be served or their lawyer

· An affidavit of service

· A return postcard in according to Family Law Rules rule 6(3)(c)

· The date stamp on the copy of the documents served

· A proof of service record provided by an electronic document exchange; however, this must meet the requirements set out in Family Law Rules subrules 6(10) and (11.4)

To know about divorce process in Ontario, contact a law firm of family law lawyers.

Resource Box: To know about divorce in Ontario the author recommends Divorce Go.