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Difference between revisions of "Divorce and the Law on Getting Divorced"
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Divorce and the Law on Getting Divorced (view source)
Revision as of 22:49, 28 March 2013
, 22:49, 28 March 2013no edit summary
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Most court proceedings go like this: the Claimant files a Notice of Family Claim and serves it on the Respondent; the Respondent then files a Response to Family Claim and sometimes a Counterclaim. If the Respondent fails to file a Response to Family Claim, the Claimant's court proceeding is said to be ''uncontested'', meaning that the Respondent is assumed to either agree with the relief sought by the Claimant or to have chosen not to defend the claim. In such circumstances, the Claimant is free to seek a ''default judgment'' against the Respondent. | Most court proceedings go like this: the Claimant files a Notice of Family Claim and serves it on the Respondent; the Respondent then files a Response to Family Claim and sometimes a Counterclaim. If the Respondent fails to file a Response to Family Claim, the Claimant's court proceeding is said to be ''uncontested'', meaning that the Respondent is assumed to either agree with the relief sought by the Claimant or to have chosen not to defend the claim. In such circumstances, the Claimant is free to seek a ''default judgment'' against the Respondent. | ||
A desk order divorce application is essentially an application for a default judgment, whether the Claimant's court proceeding is for a divorce order alone or for a divorce order with corollary relief, and is governed by Rule 10-10 of the [ | A desk order divorce application is essentially an application for a default judgment, whether the Claimant's court proceeding is for a divorce order alone or for a divorce order with corollary relief, and is governed by Rule 10-10 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules]. | ||
There are two types of desk order divorce actions: | There are two types of desk order divorce actions: | ||
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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! | ||
===What | ===What happens if a response or counterclaim are filed?=== | ||
The do-it-yourself divorce process is based on the idea that either everyone agrees to get divorced or no one is going to object to the divorce. The process will go off the rails if: | The do-it-yourself divorce process is based on the idea that either everyone agrees to get divorced or no one is going to object to the divorce. The process will go off the rails if: | ||
