Divorce is never easy but it gets even more complicated when your spouse is missing. Maybe they moved away, changed contact information, or you’ve simply lost touch over the years. Whatever the situation, you can still get a divorce in Ontario, even if you can’t find your spouse.
At Adlai Law, we’ve helped many clients in Ontario successfully navigate this process. Here’s everything you need to know if you want a divorce but don’t know where your spouse is.
Can You Get a Divorce Without Your Spouse in Ontario?
Yes! In Canada, you don’t need your spouse’s consent to get divorced. However, the court requires you to make a “reasonable effort” to locate and notify your spouse.
Normally, divorce documents must be personally served to your spouse. But if they are unreachable, you can ask the court for a substituted service or even to dispense with service altogether. This allows your divorce to move forward even without their involvement.
Step-by-Step Guide: Divorce When You Can’t Find Your Spouse
If you’re in Ontario and want a divorce but don’t know your spouse’s whereabouts, follow these steps:
1. Try to Locate Your Spouse
The court expects you to show that you made an effort. Try:
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Their last known address
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Family or friends who may know their location
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Social media platforms (Facebook, Instagram, LinkedIn)
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Google searches or people-finder websites
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Past employers or landlords
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Public records and directories
If these efforts fail, you may be eligible to request an alternate method of service.
2. File for Divorce
You can file an uncontested divorce if there are no disputes over child custody, support, or property division. This is typically the fastest and least expensive option.
3. Request a Motion for Substituted Service or to Dispense with Service
If your spouse remains unreachable, your family lawyer can:
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Ask the court to serve papers via alternative means (e.g., email, social media, newspaper notice).
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Or request to waive the service requirement altogether if efforts to locate them have been unsuccessful.
The court will approve this if you’ve demonstrated that reasonable attempts were made.
4. Proceed with the Divorce
Once approved, your divorce can continue. If your spouse doesn’t respond or appear, the court can issue a default divorce order, legally ending your marriage, even without their participation.
Why Choose Adlai Law?
At Adlai Law, we take the stress and confusion out of the divorce process—especially when your spouse is missing. Our experienced family law team will:
✅ Handle all filings and paperwork
✅ Conduct a professional search to find your spouse
✅ Apply for substituted service or motion to dispense with service
✅ Move your divorce forward as efficiently as possible
Whether your spouse is absent or simply uncooperative, we’ll help you get the closure you deserve.
Serving Divorce Clients Across Ontario
We support clients from cities including:
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Toronto
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Vaughan
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Brampton
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Mississauga
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Milton
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Guelph
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Orangeville
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Kitchener
…and surrounding areas.
Ready to Move On? Contact Adlai Law Today
Don’t let a missing spouse keep you trapped in a marriage that’s over.
📞Call us today at 519-259-1447 or visit AdlaiLaw.com to book a consultation.
Let our trusted Ontario family lawyers handle the legal complexities—so you can focus on your next chapter.