An acknowledgement of service is your spouse’s signed confirmation that they received your divorce papers. In Ontario family court, it’s Form 6: Acknowledgment of Service, a card your spouse signs and sends back when the papers are served by mail. The other way to prove service is Form 6B: Affidavit of Service, a sworn statement from the adult who delivered the papers. You need one of them before a judge will grant your divorce.

I’m Sarah Bates, a Certified Divorce Specialist and family law clerk at Divorce the Smartway. Below you’ll find how serving divorce papers works in Ontario, who can serve them, how Form 6 and Form 6B differ, the deadlines, and what to do if your spouse won’t sign or can’t be found.

What is service, and why does it matter?

“Service” means formally delivering court documents to the other party so they know about the case and can respond. In a divorce, the court won’t grant your application until you prove your spouse was properly served. If service isn’t done or proven correctly, your divorce case can be delayed or the court office can return your papers.

The Family Law Rules set out two kinds of service. Special service is the stricter method, required for the first document in a case, such as a divorce application. Regular service is the easier method, used for most later documents.

If you and your spouse file a joint divorce application, you don’t need to serve anyone. According to ontario.ca, “no service on the other party is required because you are together asking the court for the same orders.” Service applies to a simple divorce application, where one spouse applies and the other is the respondent.

How to serve divorce papers in Ontario

A divorce application (Form 8A) must be given by special service. Rule 6(3) of the Family Law Rules lists the special service methods:

• Personal service: leaving a copy with your spouse in person.
• Through their lawyer: leaving a copy with your spouse’s lawyer of record, or with a lawyer who accepts service in writing on a copy of the document.
• By mail with an acknowledgement card: mailing a copy with a prepaid return postcard, Form 6. Service by mail only counts if the card comes back signed by your spouse and is filed with the court.
• At their home: leaving a copy at your spouse’s residence with an adult who lives there, then mailing another copy to your spouse at that address the same day or the next day.

Email is a regular service method under rule 6(2), so you can’t serve your divorce application by email unless a court orders it. Once the case is underway, many later documents can be served by regular service, including email.

Who can serve the papers?

You can’t hand your own divorce application to your spouse. Rule 6(4.1) says special service of an application must be carried out by “a person other than the party required to serve the document,” and the person serving must be at least 18. The Ontario family court guide says the documents must be served by a “friend or family member who is at least 18 years old” or a “professional process server.” If it isn’t safe for you to arrange service, ask court staff at the courthouse about your options. They can arrange service in some cases.

A professional process server is often the easiest choice. A process server knows the rules, swears the Form 6B for you, and can deal with a spouse who avoids service. In a high-conflict case, using a process server also keeps friends and family out of it. Fees vary, so ask for a quote.

When to serve

Serve your application as soon as possible after the court issues it. The Ministry of the Attorney General’s simple divorce checklist says documents should be served “no later than 6 months after the date your application was issued.”

Form 6 vs Form 6B: what’s the difference?

	Form 6: Acknowledgment of Service	Form 6B: Affidavit of Service
What it is	A prepaid return postcard	A sworn statement about how service was done
Who signs it	Your spouse, the person being served	The person who served the papers
When it’s used	Service by mail	Personal service, service at home, and most other methods
Sworn?	No, just signed	Yes, in front of a commissioner for taking affidavits
Where it goes	Back to you, then you file it with the court	Filed with the court as proof of service
Official form	Form 6 PDF	Form 6B PDF

Form 6: Acknowledgment of Service

If you serve by mail, you send your spouse the divorce application plus a Form 6 card with return postage. Your spouse signs the card and mails it back to you. You then file the signed card with the court. If the card never comes back, service by mail hasn’t worked, and you’ll need another method.

If you’re the spouse receiving a Form 6 card: signing it only confirms you received the papers. It doesn’t mean you agree with anything in the application.

Form 6B: Affidavit of Service

For personal service or service at home, the person who served the papers completes Form 6B. They describe who they served, when, where and how. Ontario.ca says you must “swear or affirm that the information in Form 6B is true and sign the form in front of a commissioner for taking affidavits.” A lawyer, a notary, or court staff at the courthouse can commission it. You file it with the court as your proof of service.

After service: the response deadline

Once your spouse is served, they have time to respond. Under rule 10 of the Family Law Rules, a respondent who wants to oppose the application or make their own claims must serve and file an Answer within 30 days after being served, or 60 days if served outside Canada or the United States.

If your spouse doesn’t file an Answer, you can ask for the divorce without a hearing. You file Form 36: Affidavit for Divorce, your proof of service (Form 6 or Form 6B), and a draft Form 25A: Divorce Order. The court also gets a clearance certificate from the federal Central Registry of Divorce Proceedings, which the Ministry checklist says “can take 4 to 6 weeks.” Our guide to how to finalize a divorce in Ontario covers these steps.

If your spouse does file an Answer, the case becomes contested, at least on the issues they raise. See contested vs uncontested divorce. Most disagreements about parenting and support, called corollary relief, can still be settled in mediation.

What if your spouse won’t sign or can’t be found?

Your spouse doesn’t have to cooperate for the divorce to go ahead. Canada has no-fault divorce, and their signature isn’t needed. What you need is proof they were served.

• They won’t sign the Form 6 card. Use personal service or service at home instead, through a process server, with a Form 6B from the person who served them.
• They’re avoiding service. A process server can try at different times and places, and keep a record of each date and attempt. Under rule 6(18), the court can approve service done another way if the papers reached your spouse, or would have if they hadn’t avoided service.
• You can’t find them. You can bring a motion for substituted service under rule 6(15), asking the court to approve another method, such as email, text or social media, or delivery to a relative. A motion is a formal request to a judge. You’ll need detailed evidence of what you’ve done to find and serve your spouse, with dates.
• No method will work. Under rule 6(16), on a motion, the court can order that service isn’t required, if reasonable efforts to find your spouse haven’t worked and no substituted method could reasonably bring the papers to their attention.

Serving a spouse outside Canada

If your spouse lives in another country, the Hague Service Convention may apply. Ontario.ca warns that in some countries “you cannot use regular or special service methods” and must go through the country’s Central Authority. Check the court forms site’s Hague Convention page before you start.

Common service mistakes that delay a divorce

1. Serving the papers yourself. The application must be served by someone else who is 18 or older.
2. Serving by email or regular mail without the card. Neither is special service for an application unless a court orders it.
3. Filing an unsigned or unsworn form. The Form 6 card must be signed by your spouse, and the Form 6B must be sworn before a commissioner.
4. Leaving out details on Form 6B. The date, time, address, method and documents served all need to be clear, or the court office may return it for correction.
5. Asking for the divorce too early. Wait until the 30 or 60 day response period has passed.
6. Waiting too long to serve. Aim to serve within 6 months of the application being issued.

For more, see common divorce application mistakes, divorce fees in Ontario, how long a divorce takes in Ontario and the full Ontario divorce process. Our page on court forms for divorce in Ontario lists every form you’ll need.

Get help with an uncontested divorce

If you and your spouse agree on the issues, an uncontested divorce is mostly about getting the paperwork right. Our Naked Divorce Filer service helps you prepare, file and serve your simple or joint divorce application. If you still need to settle parenting, support or property, Divorce the Smartway’s mediators can help with that first, so the divorce itself is straightforward.

Acknowledgement of service FAQ

What is an acknowledgement of service in a divorce?

Your spouse’s signed confirmation that they received the divorce papers

In Ontario it’s Form 6, a prepaid return postcard sent with the application when you serve by mail. Your spouse signs it and mails it back, and you file it with the court as proof of service.

Is Form 6B the acknowledgement of service?

No, Form 6B is the Affidavit of Service

Form 6 is the Acknowledgment of Service card your spouse signs. Form 6B is a sworn statement by the person who served the papers, used for personal service and most other methods.

Can I serve divorce papers myself in Ontario?

No, not the divorce application

The Family Law Rules require special service of an application to be done by someone other than you, who is at least 18. A friend, family member or professional process server can do it.

Can divorce papers be served by email in Ontario?

Not the application, unless a court orders it

Email is a regular service method under the Family Law Rules. The divorce application needs special service, so email only works if the court approves it on a motion, for example through an order for substituted service.

What happens if my spouse won’t sign the acknowledgement of service?

Serve them another way

Use personal service or service at home and have the server complete Form 6B. If your spouse avoids service or can’t be found, you can bring a motion asking the court for substituted service or to dispense with service.

How long does my spouse have to respond to a divorce in Ontario?

30 days, or 60 days if served outside Canada and the US

If no Answer is filed in that time, you can ask the court to grant the divorce without a hearing by filing Form 36, your proof of service and a draft Form 25A Divorce Order.

Does a joint divorce application need to be served?

No

When you and your spouse apply together, there’s no respondent, so no service is needed.

This article is general information, not legal advice. Sarah Bates and Divorce the Smartway are not lawyers. Rules and forms were checked against the Family Law Rules and ontario.ca in October 2026. Check the current forms before filing.