Difference between revisions of "Divorce and the Law on Getting Divorced"
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{{JP Boyd on Family Law TOC|expanded = separation}} | {{JP Boyd on Family Law TOC|expanded = separation}} | ||
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| link = [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Divorce] | |||
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Divorce is the legal termination of a marriage by an order of the court; without this order, a couple will remain married to each other no matter how long they've been separated. Although a divorce order represents the formal conclusion of a marriage, where children are involved or one spouse is financially dependent on the other, issues about the payment of support and the care of the children will survive. | Divorce is the legal termination of a marriage by an order of the court; without this order, a couple will remain married to each other no matter how long they've been separated. Although a divorce order represents the formal conclusion of a marriage, where children are involved or one spouse is financially dependent on the other, issues about the payment of support and the care of the children will survive. | ||
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This page will provide an overview of the grounds for divorce, and discuss the nature of a divorce order and the effect of foreign divorce orders in Canada. It will also review the do-it-yourself divorce process, and the court forms used in that process, in enough detail that you can get your own divorce without having to hire a lawyer. | This page will provide an overview of the grounds for divorce, and discuss the nature of a divorce order and the effect of foreign divorce orders in Canada. It will also review the do-it-yourself divorce process, and the court forms used in that process, in enough detail that you can get your own divorce without having to hire a lawyer. | ||
The criteria which must be met to obtain an annulment, which is different than a divorce order and isn't nearly as simple and straightforward as most people think, are discussed in the | The criteria which must be met to obtain an annulment, which is different than a divorce order and isn't nearly as simple and straightforward as most people think, are discussed in the page on [[Married Spouses]]. | ||
==The grounds for divorce== | ==The grounds for divorce== | ||
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There are a number of commercial services available online that will prepare all of the necessary documents for you, including: | There are a number of commercial services available online that will prepare all of the necessary documents for you, including: | ||
*www.divorceoptions.ca | *http://www.divorceoptions.ca | ||
*www.untietheknot.ca | *http://www.untietheknot.ca | ||
*www.britishcolumbiadivorce.ca | *http://www.britishcolumbiadivorce.ca | ||
If I understand things correctly, untietheknot.ca will also file your documents in court for you. A Google search for the phrase "desk order divorce BC" should provide you with a few other options, but whatever you do, make sure you're using a service which offers the forms required for a divorce in British Columbia! | If I understand things correctly, untietheknot.ca will also file your documents in court for you. A Google search for the phrase "desk order divorce BC" should provide you with a few other options, but whatever you do, make sure you're using a service which offers the forms required for a divorce in British Columbia! | ||
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In either situation, the divorce action will cease to qualify as an ''undefended family law case'' within the meaning of Rule 1-1(1) and cannot proceed as a desk order. The divorce action will continue like any other contested family law case and proceed to trial if a settlement cannot be reached. | In either situation, the divorce action will cease to qualify as an ''undefended family law case'' within the meaning of Rule 1-1(1) and cannot proceed as a desk order. The divorce action will continue like any other contested family law case and proceed to trial if a settlement cannot be reached. | ||
==Page | <!---HIDDEN | ||
==Further Reading in this Chapter== | |||
* <span style="color: red;">bulleted list of other pages in this chapter, linked</span> | |||
END HIDDEN---> | |||
==Page resources and links== | |||
===Legislation=== | ===Legislation=== | ||
* | * ''[[Family Law Act]]'' | ||
* ''[[Divorce Act]]'' | |||
* [http://canlii.ca/t/8mcr Supreme Court Family Rules] | |||
* ''[http://canlii.ca/t/80mh Federal Child Support Guidelines]'' | |||
===Links=== | ===Links=== | ||
* | * [http://www.familylaw.lss.bc.ca/resources/fact_sheets/divorce.php Legal Services Society’s Family Law Website: Divorce] | ||
* | * Online Divorce Services: | ||
*[http://www.divorceoptions.ca] | |||
*[http://www.untietheknot.ca] | |||
*[http://www.britishcolumbiadivorce.ca] | |||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||