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Difference between revisions of "Desk Order Divorce: The Do-It-Yourself Divorce Process"
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Desk Order Divorce: The Do-It-Yourself Divorce Process (view source)
Revision as of 23:09, 21 January 2019
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Service is not required in a joint divorce proceeding. Depending on whether the one-year period of separation has passed, you may be able to apply for the divorce order on the same day you file your joint claim. Both of you will sign the notice of joint claim. Both of you will file '''affidavits''' giving the court the information it needs to decide if the divorce order is justified. If you have children, you will also both have to file an affidavit dealing with child support. This affidavit gives the court more information about your income and the arrangements for child support. | Service is not required in a joint divorce proceeding. Depending on whether the one-year period of separation has passed, you may be able to apply for the divorce order on the same day you file your joint claim. Both of you will sign the notice of joint claim. Both of you will file '''affidavits''' giving the court the information it needs to decide if the divorce order is justified. If you have children, you will also both have to file an affidavit dealing with child support. This affidavit gives the court more information about your income and the arrangements for child support. | ||
=The steps involved= | =The steps involved= | ||
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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 be given to someone your spouse knows, such as their parents, a co-worker or a roommate. | 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 be given to someone your spouse knows, such as their parents, a co-worker or a roommate. | ||
==Step 5. Wait for 30 days== | |||
Your spouse has 30 days to defend the court case by filing a '''response''' in Form F4. If your spouse files a response, you can’t get a desk-order divorce. | Your spouse has 30 days to defend the court case by filing a '''response''' in Form F4. If your spouse files a response, you can’t get a desk-order divorce. | ||
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If you have been served with divorce papers, see our information on [[The Respondent in Divorce Proceedings (Script 122)|responding to divorce proceedings (no. 122)]]. | If you have been served with divorce papers, see our information on [[The Respondent in Divorce Proceedings (Script 122)|responding to divorce proceedings (no. 122)]]. | ||
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==Step 6. If your spouse does nothing, apply for a divorce order== | ==Step 6. If your spouse does nothing, apply for a divorce order== | ||
After the 30 days has run out, you can apply for the divorce order by filing in court: | After the 30 days has run out, you can apply for the divorce order by filing in court: | ||
*a '''requisition''' in Form F35; this is a document asking for the divorce order | |||
*the '''affidavit of service''' saying your spouse was personally served with the notice that started the court case | |||
*your '''affidavit''' in Form F38 giving the court your evidence in support of the divorce order | |||
*a draft of the '''divorce order''' in Form F52 | |||
If you have children, you will also have to file an affidavit dealing with child support in Form F37. This affidavit gives the court more information about your income and your spouse’s income, and the arrangements for child support. | If you have children, you will also have to file an affidavit dealing with child support in Form F37. This affidavit gives the court more information about your income and your spouse’s income, and the arrangements for child support. | ||
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If you are asking for a divorce based on separation, you can apply for the divorce order only after you and your spouse have lived separately and apart for one year. If you are asking for a divorce based on your spouse’s adultery or cruelty toward you, you must provide proof of the adultery or cruelty in your affidavit, plus supporting evidence from your spouse or a witness to the adultery or cruelty. | If you are asking for a divorce based on separation, you can apply for the divorce order only after you and your spouse have lived separately and apart for one year. If you are asking for a divorce based on your spouse’s adultery or cruelty toward you, you must provide proof of the adultery or cruelty in your affidavit, plus supporting evidence from your spouse or a witness to the adultery or cruelty. | ||
If you are asking for an order dividing family property and family debt other than equally, your affidavit should explain why the unequal division is fair (for more on this topic, see our information on dividing property and debts, no. 124). | If you are asking for an order dividing family property and family debt other than equally, your affidavit should explain why the unequal division is fair (for more on this topic, see our information on [[Dividing Property and Debts (Script 124)|dividing property and debts, no. 124]]). | ||
=Get help= | |||
==With your divorce== | |||
The Legal Services Society '''Family LawLINE''' provides free legal advice over the telephone to people on a low income experiencing a family law issue. | |||
:Telephone: 604-408-2172 in Greater Vancouver | |||
:Toll-free: 1-866-577-2525 | |||
:Web: [https://lss.bc.ca/legal_aid/FamilyLawLINE.php legalaid.bc.ca] | |||
Web: | The '''BC Family Law Unbundling Roster''' features family lawyers and paralegals who offer “unbundled legal services”, where you hire them to help with part of a legal matter. | ||
:Web: [http://unbundlinglaw.ca/ unbundlinglaw.ca] | |||
=More information= | |||
Web: | The Legal Services Society’s '''Family Law in BC website''' features uncontested divorce guides that include step-by-step instructions and blank forms you'll need. | ||
:Web: [http://www.familylaw.lss.bc.ca/guides/divorce familylaw.lss.bc.ca] | |||
The wikibook '''''JP Boyd on Family Law''''' includes how-to information on starting a divorce action together with sample forms. | |||
:Web: [https://wiki.clicklaw.bc.ca/index.php?title=How_Do_I_Start_a_Family_Law_Action_in_the_Supreme_Court%3F wiki.clicklaw.bc.ca] | |||
The '''Online Divorce Assistant''' is a free online tool from the BC government that can help you fill out the forms for a joint divorce under certain circumstances. | |||
:Web: [https://justice.gov.bc.ca/divorce justice.gov.bc.ca/divorce] | |||
