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Difference between revisions of "Requirements for Divorce and Annulment"

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Requirements for Divorce and Annulment (view source)

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To support your case, evidence can be provided in the form of police reports, medical records, text messages, emails, and photos of physical injuries or property damage caused by your spouse. You should speak to a lawyer to see if you have enough evidence to prove cruelty.
To support your case, evidence can be provided in the form of police reports, medical records, text messages, emails, and photos of physical injuries or property damage caused by your spouse. You should speak to a lawyer to see if you have enough evidence to prove cruelty.


===A desk-order divorce allows you to avoid going to court===
===Starting divorce proceedings===
A '''desk-order divorce''' is a process that lets you get a divorce order without going to court. Once you and your spouse have agreed on the various issues that need to be resolved, you can apply for the divorce order by filing several court forms. These forms  include:
====When you can start divorce proceedings====
*a '''requisition''' for the order (this is a document asking for the divorce order)
To start divorce proceedings in BC, you need to have lived in the province for '''at least one year''' immediately beforehand. This is the '''residency requirement'''. If you meet it, you can start a court action any time after you separate. But you can’t apply for a divorce order until ''after'' you’ve been separated for at least one year (if you’re applying for a divorce on the legal basis of being separated for a year).
*an '''affidavit of service''' saying your spouse was personally served with the documents beginning the court case (an affidavit is a legal document where a witness makes statements about facts they say are true)  
*your affidavit giving the court your evidence in support of the divorce order
*a draft of the '''divorce order'''


If you have children, you will also have to file an affidavit dealing with child support. This affidavit gives the court more information about your income and your spouse’s income, and the arrangements for child support.  
If you’re applying for a divorce on the basis of adultery or cruelty, you don’t have to wait. You can start your court action ''and'' make an application for divorce right away.


If you and your spouse agree, you can also seek a divorce jointly, which requires you to file documents together in support of the divorce.  
====Which court you sue in====
Two courts deal with family law in BC: Provincial Court and Supreme Court. But '''only Supreme Court''' can make divorce orders under the Divorce Act. So that’s where you must start a court action if you want a divorce.


We explain the desk-order process in more detail in our information on [[Desk Order Divorce: The Do-It-Yourself Divorce Process (No. 121)|desk-order divorce (no. 121)]].
====Desk order divorce====
A '''desk order divorce''' is a process that lets you get a divorce order without having to appear in front of a judge. It’s also called an '''undefended''' or '''uncontested divorce'''. You can apply for a desk order divorce once you and your spouse have resolved any other family law issues.
 
Either one spouse, or both together, can apply for a desk order divorce in BC Supreme Court. The process involves preparing and filing several court forms.
 
[[Desk Order Divorce: The Do-It-Yourself Divorce Process|We explain this process in our information on desk order divorce]].


===Situations where the court will not grant a divorce===
===Situations where the court will not grant a divorce===
Elena Renderos
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