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Difference between revisions of "Simple Divorce Procedure: Step by Step (3:VI)"
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Simple Divorce Procedure: Step by Step (3:VI) (view source)
Revision as of 01:09, 29 December 2020
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= September 29, 2020}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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== A. Sole Application == | == A. Sole Application == | ||
'''Step 1:''' Collect all necessary documents: i.e. the marriage certificate, copies of court orders or agreements regarding custody, access, and support of the children. | '''Step 1:''' Collect all necessary documents: i.e. the marriage certificate, copies of court orders or agreements regarding custody, access, and support of the children. (As of March 1, 2021, the term “parenting order” will replace “custody” in the ''DA''.) | ||
'''Step 2:''' The client fills in the Notice of Family Claim and relevant schedules. | '''Step 2:''' The client fills in the Notice of Family Claim and relevant schedules. | ||
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'''Step 5:''' In the sole application process, the client must then arrange for the court-stamped Notice of Family Claim to be personally served on the respondent. | '''Step 5:''' In the sole application process, the client must then arrange for the court-stamped Notice of Family Claim to be personally served on the respondent. | ||
'''Service by a friend:''' The friend should know the respondent, but not be involved in the divorce in any way. When the friend serves the respondent, the friend should ask whether the respondent is Mr./Ms. X, and ask for identification. It would be helpful, although not mandatory, to give the friend a picture of the respondent. The friend will then have to swear an affidavit of personal service and say how | '''Service by a friend:''' The friend should know the respondent, but not be involved in the divorce in any way. When the friend serves the respondent, the friend should ask whether the respondent is Mr./Ms./Mx. X, and ask for identification. It would be helpful, although not mandatory, to give the friend a picture of the respondent. The friend will then have to swear an affidavit of personal service and say how they identified the spouse (''Supreme Court Family Rules'', r. 6-3). | ||
'''Service by a Process Server:''' Process Servers are listed in the Yellow Pages. They require the home and business addresses of the respondent, the telephone numbers, and a photograph of the respondent. They will also need two copies of the Notice of Family Claim, one for the spouse, and one to staple | '''Service by a Process Server:''' Process Servers are listed in the Yellow Pages. They require the home and business addresses of the respondent, the telephone numbers, and a photograph of the respondent. They will also need two copies of the Notice of Family Claim, one for the spouse, and one to staple to the affidavit of personal service. | ||
'''Substitute Service:''' Evidence of efforts to find the respondent will be required before an order for substitute service can be granted. Some methods of finding the respondent are: | '''Substitute Service:''' Evidence of efforts to find the respondent will be required before an order for substitute service can be granted. Some methods of finding the respondent are: | ||
*calling or writing to relatives (usually the most successful); | *calling or writing to relatives (usually the most successful); | ||
*advertising in a local newspaper; | *advertising in a local newspaper; | ||
*writing to the [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/road-safety-rules-and-consequences/contact Superintendent of Motor Vehicles] to see if any vehicles have been registered in | *writing to the [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/road-safety-rules-and-consequences/contact Superintendent of Motor Vehicles] to see if any vehicles have been registered in their name. The client should ask whether any fees will be incurred before proceeding; | ||
*asking the local police if they have any information on | *asking the local police if they have any information on their whereabouts, although they are usually reluctant to help; | ||
*using a credit bureau or collection agency; | *using a credit bureau or collection agency; | ||
*asking friends of the respondent about his current address; or | *asking friends of the respondent about his current address; or | ||
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=== 1. Serving Divorce Papers Outside Canada === | === 1. Serving Divorce Papers Outside Canada === | ||
In circumstances where the respondent in a divorce action is living outside Canada, '''and''' is willing to go to the [https://travel.gc.ca/assistance/embassies-consulates Canadian Consulate office] nearest to where | In circumstances where the respondent in a divorce action is living outside Canada, '''and''' is willing to go to the [https://travel.gc.ca/assistance/embassies-consulates Canadian Consulate office] nearest to where they live in order to accept service, the Consul will serve the respondent at that office, for a fee. However, this form of service requires the respondent’s cooperation, as they must be willing to attend at the consular office personally when notified by its staff to do so. | ||
To comply with the requirements of this form of service, the client must forward service documents to the Consulate: | To comply with the requirements of this form of service, the client must forward service documents to the Consulate: | ||
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=== 3. Amending a Document === | === 3. Amending a Document === | ||
Under Rule 8-1 of the ''Supreme Court Family Rules'', a party may amend | Under Rule 8-1 of the ''Supreme Court Family Rules'', a party may amend their pleadings. A party may amend an originating process or pleading issued or filed by the party at any time with leave of the Court, and, subject to Rules 8-2(7), 8-2(9) and 9-6(5): | ||
*once without leave of the Court, at any time before delivery of the notice of trial or hearing; and | *once without leave of the Court, at any time before delivery of the notice of trial or hearing; and | ||
*at any time with the written consent of all the parties. | *at any time with the written consent of all the parties. | ||
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Unless the Court otherwise orders, where a party amends a document under 8-1(1), the party shall deliver copies of the amended document to all the parties of record within seven days after its amendment and, where service is required under 8-1(4), the party shall serve copies on the persons required to be served as soon as reasonably possible and before taking any further step in the proceeding. | Unless the Court otherwise orders, where a party amends a document under 8-1(1), the party shall deliver copies of the amended document to all the parties of record within seven days after its amendment and, where service is required under 8-1(4), the party shall serve copies on the persons required to be served as soon as reasonably possible and before taking any further step in the proceeding. | ||
Where an amended Notice of Family Claim or Counterclaim is served on an opposing party, that opposing party may amend the Response to Family Claim or Response to Counterclaim, as applicable. The opposing party may only do so if | Where an amended Notice of Family Claim or Counterclaim is served on an opposing party, that opposing party may amend the Response to Family Claim or Response to Counterclaim, as applicable. The opposing party may only do so if they have already delivered a Response to Family Claim or a Response to Counterclaim. In addition, the following conditions apply to the opposing party’s amendments: | ||
*the opposing party must amend the Response to Family Claim to Response to Counterclaim only with respect to any matter raised by the amendments to the Notice of Family Claim or Counterclaim; and | *the opposing party must amend the Response to Family Claim to Response to Counterclaim only with respect to any matter raised by the amendments to the Notice of Family Claim or Counterclaim; and | ||
*the period for filing and delivering an amended Response to Family Claim or a Response to Counterclaim to an amended Notice of Family Claim or amended Counterclaim is 14 days after the amended pleading is delivered. Where a party does not serve an amended Response as provided in 8-1(5), the party shall be deemed to rely upon | *the period for filing and delivering an amended Response to Family Claim or a Response to Counterclaim to an amended Notice of Family Claim or amended Counterclaim is 14 days after the amended pleading is delivered. Where a party does not serve an amended Response as provided in 8-1(5), the party shall be deemed to rely upon their original Response. | ||
== D. Contested Actions == | == D. Contested Actions == | ||
