People Magazine has reported that Lamar Odom has failed to file his response to Khloe Kardashian's initial divorce filing. Further, People Magazine has reported that Lamar has not been seen or heard from in several weeks. According to People Magazine, Khloe now has two options:
- Khloe can file a request for default whereby she would be able to go ahead and get the divorce, even without Odom's participation; or
- Khloe can file a request for dismissal which would, in essence, cancel the divorce filing altogether.
People Magazine reported that "as long as there are no properties or children between the two parties, one person can't stop the other from getting the divorce just by not showing up." Let us consider what would occur if these events were to take place in Ontario.
In Ontario, a claim for divorce may be severed from all other claims made in an initiating court Application so long as there are adequate arrangements made for the children. Further, once a party has issued, served and filed their Application for Divorce, they must wait thirty (30) days for a response. The issue here for Khloe would be with respect to service of the Application for Divorce. The question becomes whether proper service, i.e. personal service, of the document occurred. In the event that service did not occur and is impossible, an Applicant may bring a motion for substituted service, special service or to dispense with service, depending on the circumstances surrounding the situation.
In the event that the above has taken place, Khloe must then proceed to serve and file the Affidavit for Divorce with the Court thirty days after the service of the initiating Application on the opposing party. The opposing party need not respond to these materials, and, in the event that the opposing party does not respond, an Order for divorce will be granted. Thus, Khloe would be able to obtain her divorce from Lamar Odom if the parties were residents of Ontario.