British Columbia Substitutional Service

In a sole divorce in British Columbia, if you cannot locate your spouse for personal service or attempts to serve your spouse have been unsuccessful, you may apply to the court for an Order for Substitutional Service. An order for substitutional service will allow you to serve your spouse by some method other than personal service.

The other methods of service may include serving a relative who remains in contact with your spouse, serving an adult at the same address as your spouse, sending the documents by registered mail to your spouse, or as a last resort, posting a notice on the bulletin board of the court registry or placing a legal notice in a newspaper.

Before making an application for a substitutional service order the British Columbia Supreme Court expects that you would have made all reasonable attempts that are within your means to locate or serve your spouse. In your application you will be required to swear an affidavit setting out the attempts that you have made. If your spouse is evading service, consider obtaining an affidavit of attempted service from your process server to support your application.

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