Difference between revisions of "Desk Order Divorce: The Do-It-Yourself Divorce Process"

The process when one spouse starts the court case is called a '''sole divorce proceeding'''. The process when the spouses start the court case together is called a '''joint divorce proceeding'''. Both these processes are called '''undefended divorce proceedings'''. This script describes the process for the sole divorce proceeding.

If you don’t have an original, government-issued marriage certificate, you have to get one. Photocopies won’t be accepted by the court registry, except in special cases and with special permission. But a copy of an original marriage certificate that is certified to be a true copy of the original by a lawyer, notary public, or a government official may be acceptable.

If you were married outside of Canada and can’t get an original, government-issued marriage certificate, you can’t do a desk order divorce. Instead, you will need to hire a lawyer to help you apply to do away with the need for a marriage certificate.

The Form 3 document starts the court case. It states the basis for the divorce and gives information about you, your spouse and any children, as well as the details about your marriage and separation. Form 3 and most of the other forms this script mentions are on the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms Supreme Court Family Rules Forms website].

When preparing your Notice of Family Claim and before filing it at the court, you should speak with a family law lawyer to make sure your Notice of Family Claim has all the claims you need to make to resolve all issues between you and your spouse.

Once you have filled out and signed the Notice of Family Claim, you must file it in court, along with your marriage certificate. You have to file the original plus at least three photocopies of the Notice of Family Claim. The court keeps the original and gives you the copies, stamped with the court’s official stamp.

Someone who is being sued, even in an undefended divorce proceeding, must be given formal notice about the court case. Your spouse must be served by personal service, which means arranging for the filed Notice of Family Claim to be physically delivered to your spouse. You cannot serve the Notice of Family Claim yourself. You must get someone else, who is at least 19 years old to leave the Notice of Family Claim with your spouse, and your server must swear an Affidavit of Personal Service in Form F15 describing how, when, and with what your spouse was served.

If you can’t personally serve your spouse, for example, because you don’t know where they live, other ways of letting them know about the court action are available. This is called '''substitutional service''' or '''alternative service'''. You must have a court order to use this type of service.

The court may, for example, allow notice to be served through a classified ad in a local newspaper, or it may order that the Notice of Family Claim be given to someone your spouse knows, such as their parents, a coworker or a roommate.

Your spouse has 30 days to defend the court case by filing a Response to Family Claim. If your spouse files a Response to Family Claim, your divorce can’t proceed as an undefended divorce.

For more information on defending a divorce proceeding, see script [[The Respondent in Divorce Proceedings (Script 122)|122]] on “The Respondent in Divorce Proceedings”.

*a Requisition in Form F35 (a document asking for the divorce order)

*a Divorce Affidavit in Form F38 (a document giving your evidence in support of the divorce order)