Difference between revisions of "How Do I Get Divorced?"
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The only way to get divorced in Canada is by a court order, and to get a court order you have to start a court proceeding. (Only married spouses need to get divorce; the relationships of unmarried spouses are over when they separation.) You must have lived in the province in which you are starting the court proceeding for at least one year before you can get started, and you must start your court proceeding in the Supreme Court. | The only way to get divorced in Canada is by a court order, and to get a court order you have to start a court proceeding. (Only married spouses need to get divorce; the relationships of unmarried spouses are over when they separation.) You must have lived in the province in which you are starting the court proceeding for at least one year before you can get started, and you must start your court proceeding in the Supreme Court. | ||
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The court proceeding can include claims beside a divorce order; typically people also ask for orders about the care of children, the payment of child support and spousal support, and the division of property and debt. However, you'll be in for a fight if you and your spouse don't agree about the orders the court should make. This discussion assumes that the only order anyone is asking for is a divorce order. | The court proceeding can include claims beside a divorce order; typically people also ask for orders about the care of children, the payment of child support and spousal support, and the division of property and debt. However, you'll be in for a fight if you and your spouse don't agree about the orders the court should make. This discussion assumes that the only order anyone is asking for is a divorce order. | ||
==Begin the | ==Begin the court proceeding== | ||
You will need to file a Notice of Family Claim in Form F3, and attach Schedule 1. Schedule 1 gives the court the information it needs to make the divorce order. (A special Notice of Joint Family Claim in Form F1 is used when a couple is asking for the divorce together.) There is a $210 filing fee. | You <span class="noglossary">will</span> need to file a Notice of Family Claim in Form F3, and attach Schedule 1. Schedule 1 gives the court the information it needs to make the divorce order. (A special Notice of Joint Family Claim in Form F1 is used when a couple is asking for the divorce together.) There is a $210 filing fee. | ||
You will be required to file an original copy of your marriage certificate with your Notice of Family Claim. This is the ugly brown document you got from the government, not the flowery thing you received from your officiant. | You <span class="noglossary">will</span> be required to file an original copy of your marriage certificate with your Notice of Family Claim. This is the ugly brown document you got from the government, not the flowery thing you received from your officiant. | ||
You will also be required to fill out a Registration of Divorce Proceeding form. The court staff will give you a blank form to complete. | You <span class="noglossary">will</span> also be required to fill out a Registration of Divorce Proceeding form. The court staff <span class="noglossary">will</span> give you a blank form to complete. | ||
==Serve your | ==Serve your spouse== | ||
Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server will need to swear an Affidavit of Personal Service in Form F15 to prove that service was done and when it was done. (Couples filing the Joint Notice of Family Claim together don't need to have anyone served.) | Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server <span class="noglossary">will</span> need to swear an Affidavit of Personal Service in Form F15 to prove that service was done and when it was done. (Couples filing the Joint Notice of Family Claim together don't need to have anyone served.) | ||
==Wait== | ==Wait== | ||
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Your spouse has 30 days to defend your claim. What you hope is that your spouse won't file a Response to Family Claim or Counterclaim, because if this happens you're going to have to settle your differences or deal with a trial. (Couples filing the Joint Notice of Family Claim together don't need to wait.) | Your spouse has 30 days to defend your claim. What you hope is that your spouse won't file a Response to Family Claim or Counterclaim, because if this happens you're going to have to settle your differences or deal with a trial. (Couples filing the Joint Notice of Family Claim together don't need to wait.) | ||
==Apply for the | ==Apply for the divorce order== | ||
Once the 30 days are up, you will need to pay an $80 fee and file the following documents: | Once the 30 days are up, you <span class="noglossary">will</span> need to pay an $80 fee and file the following documents: | ||
#a Requisition in Form F35 asking for the divorce order | #a Requisition in Form F35 asking for the divorce order, | ||
#a Requisition in Form F17 asking the court staff to search for a Response to Family Claim or Counterclaim | #a Requisition in Form F17 asking the court staff to search for a Response to Family Claim or Counterclaim, | ||
#the Affidavit of Personal Service your process server prepared | #the Affidavit of Personal Service your process server prepared, | ||
#a special affidavit in Form F38 giving the court the evidence it needs to make the divorce order | #a special affidavit in Form F38 giving the court the evidence it needs to make the divorce order, | ||
#if there are children, a Child Support Affidavit in Form F37 giving the court the evidence it needs to conclude that appropriate arrangements have been made for the support of the children | #if there are children, a Child Support Affidavit in Form F37 giving the court the evidence it needs to conclude that appropriate arrangements have been made for the support of the children, | ||
#a blank Registrar's Certificate in Form F36 | #a blank Registrar's Certificate in Form F36, and | ||
#a draft divorce order in Form F52. | #a draft divorce order in Form F52. | ||
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It can take anywhere from 60 to 120 days for the court staff and a judge to process your divorce application. Start calling the court registry at the 60 day mark to see if your order is ready. | It can take anywhere from 60 to 120 days for the court staff and a judge to process your divorce application. Start calling the court registry at the 60 day mark to see if your order is ready. | ||
==Pick | ==Pick up your divorce order== | ||
When your order is ready, head down to the court registry and pick it up. You must then send a copy of the order to your spouse. Congratulations! 31 days from the date the order is made, you'll be divorced. | When your order is ready, head down to the court registry and pick it up. You must then send a copy of the order to your spouse. Congratulations! 31 days from the date the order is made, you'll be divorced. | ||
<!--HIDDEN PENDING EDITORIAL DECISION | |||
A much more detailed description of the divorce process, complete with blank court forms and examples of what they look like when they're filled out properly is available in the _____ page of this wiki. | A much more detailed description of the divorce process, complete with blank court forms and examples of what they look like when they're filled out properly is available in the _____ page of this wiki. | ||
END HIDDEN--> | |||
{{REVIEWED | reviewer = [[JP Boyd]], March 24, 2013}} | |||
{{JP Boyd on Family Law Navbox|type=how}} | {{JP Boyd on Family Law Navbox|type=how}} | ||
[[Category:How Do I? | |||
[[Category:How Do I?|G]] | |||
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{{Creative Commons | |||
|title = JP Boyd on Family Law | |||
|author = [[JP Boyd|John-Paul Boyd]] and Courthouse Libraries BC | |||
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Revision as of 20:16, 1 April 2013
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This page is ready for final edit. Content is up-to-date for the new Family Law Act but may have typos. Rollover definitions, links and formatting should be intact. |
The only way to get divorced in Canada is by a court order, and to get a court order you have to start a court proceeding. (Only married spouses need to get divorce; the relationships of unmarried spouses are over when they separation.) You must have lived in the province in which you are starting the court proceeding for at least one year before you can get started, and you must start your court proceeding in the Supreme Court.
The court proceeding can include claims beside a divorce order; typically people also ask for orders about the care of children, the payment of child support and spousal support, and the division of property and debt. However, you'll be in for a fight if you and your spouse don't agree about the orders the court should make. This discussion assumes that the only order anyone is asking for is a divorce order.
Begin the court proceeding
You will need to file a Notice of Family Claim in Form F3, and attach Schedule 1. Schedule 1 gives the court the information it needs to make the divorce order. (A special Notice of Joint Family Claim in Form F1 is used when a couple is asking for the divorce together.) There is a $210 filing fee.
You will be required to file an original copy of your marriage certificate with your Notice of Family Claim. This is the ugly brown document you got from the government, not the flowery thing you received from your officiant.
You will also be required to fill out a Registration of Divorce Proceeding form. The court staff will give you a blank form to complete.
Serve your spouse
Next, have your spouse personally served with a copy of the filed Notice of Family Claim. You can't do this yourself; you must get someone to do it for you. Your process server will need to swear an Affidavit of Personal Service in Form F15 to prove that service was done and when it was done. (Couples filing the Joint Notice of Family Claim together don't need to have anyone served.)
Wait
Your spouse has 30 days to defend your claim. What you hope is that your spouse won't file a Response to Family Claim or Counterclaim, because if this happens you're going to have to settle your differences or deal with a trial. (Couples filing the Joint Notice of Family Claim together don't need to wait.)
Apply for the divorce order
Once the 30 days are up, you will need to pay an $80 fee and file the following documents:
- a Requisition in Form F35 asking for the divorce order,
- a Requisition in Form F17 asking the court staff to search for a Response to Family Claim or Counterclaim,
- the Affidavit of Personal Service your process server prepared,
- a special affidavit in Form F38 giving the court the evidence it needs to make the divorce order,
- if there are children, a Child Support Affidavit in Form F37 giving the court the evidence it needs to conclude that appropriate arrangements have been made for the support of the children,
- a blank Registrar's Certificate in Form F36, and
- a draft divorce order in Form F52.
(Couples filing the Joint Notice of Family Claim together can file these documents, without the Affidavit of Personal Service, as soon as they've filed their Notice of Family Claim.)
Wait
It can take anywhere from 60 to 120 days for the court staff and a judge to process your divorce application. Start calling the court registry at the 60 day mark to see if your order is ready.
Pick up your divorce order
When your order is ready, head down to the court registry and pick it up. You must then send a copy of the order to your spouse. Congratulations! 31 days from the date the order is made, you'll be divorced.
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by JP Boyd, March 24, 2013. |
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JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.