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Difference between revisions of "Uncontested Divorce (3:V)"
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Uncontested Divorce (3:V) (view source)
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Any official, '''government-issued''' form of marriage certificate or registration of marriage can be accepted. Importantly, it '''cannot''' be a church-issued document, marriage license, or slip of paper attesting to the celebration of the marriage. In some areas of the world, it may be difficult to obtain an official government document. | Any official, '''government-issued''' form of marriage certificate or registration of marriage can be accepted. Importantly, it '''cannot''' be a church-issued document, marriage license, or slip of paper attesting to the celebration of the marriage. In some areas of the world, it may be difficult to obtain an official government document. | ||
If the marriage certificate is in a language other than English, an official certified translation must be provided. | If the marriage certificate is in a language other than English, an official certified translation must be provided. Claimants who require translation can be referred to [http://mosaicbc-lsp.org/ Mosaic Translations], which can be reached at (604) 254-0469, or to the [http://www.stibc.org/ Society of Translators and Interpreters of BC], at (604) 684-2940. Marriage certificates in French must also be translated. | ||
Claimants who were married in Canada can request a copy of their marriage certificate for about $27 (in BC) from the [http://www2.gov.bc.ca/gov/content/life-events Department of Vital Statistics]. | |||
=== 2. Photograph of the Spouse === | === 2. Photograph of the Spouse === | ||
Claimants must have a recognizable photograph of the spouse. The photograph is for service purposes and will not be returned immediately. The process server usually returns the photo with the affidavit of personal service. They should also provide information about how to locate the spouse (i.e. their address, their employer’s address, the make and model of their vehicle). | |||
=== 3. Copies of Any Court Orders or Separation Agreements === | === 3. Copies of Any Court Orders or Separation Agreements === | ||
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The Registry is extremely scrupulous, and documents containing inconsistencies or omissions will be rejected. This could cost the client valuable time. Clients should be advised to check and re-check every document, especially dates and the spelling of names. | The Registry is extremely scrupulous, and documents containing inconsistencies or omissions will be rejected. This could cost the client valuable time. Clients should be advised to check and re-check every document, especially dates and the spelling of names. | ||
Do not use abbreviations, even common abbreviations such as “n/a” | Do not use abbreviations, even common abbreviations such as “n/a”, “a.k.a.”, and “BC”. Answer every paragraph in full. | ||
If at any time, one party is aware of errors in the supporting documents (such as the certified copy of registration of marriage), the pleadings must be amended to show the true facts as that party knows them. This is because the party requesting the divorce must swear an affidavit as to the correctness of the documents and the statements contained therein. | If at any time, one party is aware of errors in the supporting documents (such as the certified copy of registration of marriage), the pleadings must be amended to show the true facts as that party knows them. This is because the party requesting the divorce must swear an affidavit as to the correctness of the documents and the statements contained therein. | ||
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=== 2. Schedule 2: Children === | === 2. Schedule 2: Children === | ||
Place a check for each applicable box and fill in the form accordingly. Under the ''DA'' and the ''FLA'' s 146, children who are over the age of majority but whose illness leaves them unable to leave the care of a parent or whose attendance of a post-secondary institution leaves them financially dependent on their parent may be considered a dependent child. '''With the ''FLA'' now enacted, which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, | Place a check for each applicable box and fill in the form accordingly. Under the ''DA'' and the ''FLA'' s 146, children who are over the age of majority but whose illness leaves them unable to leave the care of a parent or whose attendance of a post-secondary institution leaves them financially dependent on their parent may be considered a dependent child. '''With the ''FLA'' now enacted, which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer.''' | ||
=== 3. Schedule 3: Spousal Support === | === 3. Schedule 3: Spousal Support === | ||
Place a check for each applicable box and fill in the form accordingly. A lawyer should be consulted for advice on entitlement to spousal support. '''With the ''FLA'' now enacted, which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, | Place a check for each applicable box and fill in the form accordingly. A lawyer should be consulted for advice on entitlement to spousal support. '''With the ''FLA'' now enacted, which Act you are seeking an order under (the ''DA'' or ''FLA'') can have an impact on the parties’ rights. Before checking one box or the other where it specifies the Acts, seek legal advice from a lawyer. The test for awarding spousal support is the same, however, there are different limitation dates for the two.''' | ||
=== 4. Schedule 4: Property === | === 4. Schedule 4: Property === | ||
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Place a check mark for each applicable box and fill in the form accordingly. If one of the parties wishes to obtain unequal division of family property and family debt, details and reasons should be set forth here. '''Only a lawyer should deal with property issues.''' | Place a check mark for each applicable box and fill in the form accordingly. If one of the parties wishes to obtain unequal division of family property and family debt, details and reasons should be set forth here. '''Only a lawyer should deal with property issues.''' | ||
=== 5. | === 5. Other Orders === | ||
Place a check mark for each applicable box and fill in the form accordingly. If the claimant is seeking a name change, they should indicate the full current and new names here. | Place a check mark for each applicable box and fill in the form accordingly. If the claimant is seeking a name change, they should indicate the full current and new names here. | ||
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Personal service is only required if the client is making a sole application. | Personal service is only required if the client is making a sole application. | ||
Claimants '''must''' have a third party, over the age of 18, serve their Notice of Family Claim. Clients who choose to use a professional service should provide the server with a photograph of the spouse. The server should be told to take down the spouse’s driver’s licence number. Taking these steps will ensure that the Court does not question the validity of the service. | |||
:'''NOTE:''' If the process server serves the Notice of Family Claim based on a photograph and does not, or is not able to obtain the spouses’ driver’s license number, the client must swear an additional affidavit confirming the identity of their spouse in the photograph used. | :'''NOTE:''' If the process server serves the Notice of Family Claim based on a photograph and does not, or is not able to obtain the spouses’ driver’s license number, the client must swear an additional affidavit confirming the identity of their spouse in the photograph used. | ||
If the respondent’s address is not known, the | If the respondent’s address is not known, the claimant should write letters to friends and family members to try to locate him or her. The client might also want to consider hiring the services of a skip tracing agency. This takes extra time, but will avoid the additional costs associated with a substitute service application. | ||
In a substitute service application, the | In a substitute service application, the claimant must make an extra application to obtain permission to serve the respondent in a way other than that normally required by the ''Supreme Court Family Rules''. The client may also incur the cost of publishing notices in a local newspaper and/or the [http://www2.gov.bc.ca/gov/content/governments/services-for-government/bc-bid-resources/goods-and-services-catalogue/bc-gazette Gazette], which could cost anywhere between approximately $111 and $315, depending on the order given. Other options include posting a copy of the substitution service order and the pleadings in the Court Registry, mailing them to the respondent’s last known address by registered mail, or serving an adult in the house where the respondent is believed to reside, or serving the respondent through e-mail, Facebook, or other online methods. | ||
== I. Costs == | == I. Costs == | ||
Claimants should always double-check the following court fees because they tend to change: | |||
*Ordering a marriage certificate or registration of marriage: $27 for couples married in BC. It can be ordered by mail or in person. Refer to | *Ordering a marriage certificate or registration of marriage: $27 for couples married in BC. It can be ordered by mail or in person. Refer to https://ecos.vs.gov.bc.ca/ for more information. | ||
*Court fee to file the Notice of Family Claim for divorce: $210 ($200 for filing the Notice of Family Claim and $10 for filing the registration of divorce). | *Court fee to file the Notice of Family Claim for divorce: $210 ($200 for filing the Notice of Family Claim and $10 for filing the registration of divorce). | ||
*Fee for Serving the Notice of Family Claim on the respondent: varies depending upon where the respondent lives. The average fee is $100. Process Server Fees for the Lower Mainland can run from $69 plus $20 for an affidavit, or $70 to $100 all inclusive. For other parts of BC or Canada, it can cost $200 or more for all attempts. | *Fee for Serving the Notice of Family Claim on the respondent: varies depending upon where the respondent lives. The average fee is $100. Process Server Fees for the Lower Mainland can run from $69 plus $20 for an affidavit, or $70 to $100 all inclusive. For other parts of BC or Canada, it can cost $200 or more for all attempts. | ||
