What if he refuses to accept the divorce papers?

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My husband and I have been separated for 5 years and have a legal separation agreement in place. I am proceeding with the Divorce and have completed the paperwork. I am at the stage where I need to serve him. How can I serve him and what if he refuses to accept the divorce papers? How do I proceed?

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Andrew J. Kania, LL.B., LL.M.

9 years ago

The Divorce Act prohibits you from personally serving him with a divorce Application. You need a third party to serve him, and I recommend that you retain a lawyer to attend to that task, and then have the required Affidavit of Service properly prepared and filed with the Court.

It is irrelevant if he refuses to accept the papers. The point is that a reliable third party must provide them to him and then prepare the proper Affidavit of Service. Your husband’s cooperation is not necessary. Please contact me at 877-668-9386 for a free consultation if you have any questions.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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