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Difference between revisions of "Divorce and the Law on Getting Divorced"

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From staging 2024
(From staging 2024)
 
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*The sole application process takes a little longer because the claimant has to serve the respondent with the Notice of Family Claim and wait 40 days before proceeding. In a joint application, service is not necessary and you can apply for the divorce order right away.
*The sole application process takes a little longer because the claimant has to serve the respondent with the Notice of Family Claim and wait 40 days before proceeding. In a joint application, service is not necessary and you can apply for the divorce order right away.
*In a sole application, the spouses are called the claimant and respondent. In a joint application, the spouses are called claimant 1 and claimant 2.
*In a sole application, the spouses are called the claimant and respondent. In a joint application, the spouses are called claimant 1 and claimant 2.
*In a joint application, both spouses must sign the Notice of Joint Family Claim, and both must complete an affidavit for the application for the divorce order.
*In a joint application, both spouses must sign the Notice of Joint Family Claim in Form F1, and both must complete an affidavit for the application for the divorce order.


===The sole divorce application===
===The sole divorce application===
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'''Step One'''
'''Step One'''


<blockquote>Prepare your Notice of Family Claim. Make three copies of the original.</blockquote>
<blockquote>Prepare your Notice of Family Claim in Form F3. Make three copies of the original.</blockquote>


'''Step Two'''
'''Step Two'''
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* ''[https://canlii.ca/t/8q3k Family Law Act]''
* ''[https://canlii.ca/t/8q3k Family Law Act]''
* ''[https://canlii.ca/t/551f9 Divorce Act]''
* ''[https://canlii.ca/t/551f9 Divorce Act]''
* [http://canlii.ca/t/8mcr Supreme Court Family Rules]
* [https://canlii.ca/t/8mcr Supreme Court Family Rules]
* [http://canlii.ca/t/80mh Child Support Guidelines]
* [https://canlii.ca/t/80mh Child Support Guidelines]


===Links===
===Links===
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===Resources===
===Resources===


*[https://www.clicklaw.bc.ca/resource/4647 Legal Services Society's Family Law website's information page "Getting a divorce"]
*[https://www.clicklaw.bc.ca/resource/4647 Legal Aid BC's Family Law website's information page "Getting a divorce"]
*[https://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce"] from Legal Aid BC
*[https://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce"] from Legal Aid BC
*[https://www.clicklaw.bc.ca/resource/4340 Divorce Fact Sheet] website from the Department of Justice
*[https://www.clicklaw.bc.ca/resource/4340 Divorce Fact Sheet] website from the Department of Justice
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*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC  
*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC  


{{REVIEWED | reviewer = [[JP Boyd]], 26 March 2020}}
{{REVIEWED | reviewer = [[JP Boyd]], 26 March 2023}}


{{JP Boyd on Family Law Navbox|type=chapters}}
{{JP Boyd on Family Law Navbox|type=chapters}}