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

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{{DEMOWARNING}}
{{REVIEWEDPLS | reviewer = [https://411.ca/business/profile/12151859 Amber van Drielen], One World Law Group|date= February 2020}} {{Dial-A-Law TOC|expanded = divorce}}
{{Dial-A-Law Blurb}}
If you and your spouse agree on the issues of parenting, support and property, there’s a fast-track way to get a divorce. Learn how you can apply for a '''desk order divorce'''.
This script discusses the desk order divorce proceedings, the do-it-yourself court process that applies where there are no disagreements between you and your spouse relating to the parenting of children, spousal support or child support, and dividing family property and family debt. In many cases, you’ll want to hire a lawyer to handle your divorce, but the information in this script should help you understand the procedure involved.


This script only applies to married spouses. Unmarried spouses and other unmarried couples do not need to get a divorce.
{{PLSStorybox
| image = [[File:Roya.png|link=]]
| text      = “Jay and I were married for eight years when we decided to separate. It was all pretty amicable. We made a separation agreement that deals with our children, support, property, and debt. I thought a divorce would be a long and expensive process. But in our case, I learned that we could do it on our own, for under $400, without having to go in front of a judge. We’ll get our divorce order in a couple of months.” <br>– Roya, Terrace, BC
}}


==How do I get a divorce?==
==What you should know==
To get divorced, you need to get a divorce order. Only the court has the ability to divorce a married couple. To get a court order you have to start a court case, even if you and your spouse don’t need the court to make an order about anything else other than the divorce. The legal reasons or grounds for granting a divorce are discussed in script [[Requirements for Divorce and Annulment (Script 120)|120]] on “Requirements for Divorce and Annulment”.


==What is a desk order divorce?==
===You need a divorce order to end a marriage===
In this type of court case, one spouse starts a court case that the other spouse, the person being sued, doesn’t dispute. Once the time for the other spouse’s defence has come and gone, the spouse who started the court case applies for the divorce order. This application is done by completing a bunch of court forms and filing them in court, and there’s no need for anyone to appear before a judge.
To be divorced, you need to get a '''divorce order''' under the [http://canlii.ca/t/7vbw ''Divorce Act'']. In BC, only the Supreme Court can grant this order. So, to get one, you have to apply to that court. This is true even if you and your spouse agree on all your other family law issues and only need a divorce order.


It is possible for both spouses to start the court case together using special court forms. This is a bit cheaper and faster than if only one spouse starts the court case, since there’s no need to have a spouse served with the court forms that start the court case and there‘s no need to wait for a spouse to fail to defend the case.
To get a divorce, you must prove your '''marriage has broken down'''. You can show marriage breakdown in three ways: having been separated for at least one year, adultery, or cruelty. We explain these in [[Requirements for Divorce and Annulment|our information on requirements for divorce]].


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 of these processes are called “undefended divorce proceedings.” This script describes the process for the sole divorce proceeding.
===What a desk order divorce involves===
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.


==First, get your marriage certificate==
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. When one spouse starts the court case, the process is called a '''sole application for an uncontested divorce'''. When the spouses start the court case together, it’s called a '''joint application for an uncontested divorce'''. If you’re not sure which procedure to use, it’s a good idea to get legal advice.
If you don’t have an original, government-issued marriage certificate, you’ll need to get one. Photocopies won’t be accepted by the court registry, except in special circumstances and with special permission. However, 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 in British Columbia, you can get an original marriage certificate from the Vital Statistics Agency. See [http://www.vs.gov.bc.ca www.vs.gov.bc.ca], or call 604.660.2937 in the lower mainland, 250.952.2681 in Greater Victoria, or toll-free 1.800.663.8328 elsewhere in BC for information on applying for a certified copy. If you were married outside of BC, you’ll need to contact the equivalent government agency where you were married to obtain your marriage certificate. Note that it’s not the certificate from the person that performed the marriage that’s needed but the government-issued record of your marriage.
====You can file on your own====
Here’s how a '''sole''' divorce proceeding typically works. One spouse — let’s say it’s you — starts a BC Supreme Court case by filling out, filing, and serving a court form asking for a divorce. Your spouse agrees and doesn’t file a response in court. After the deadline for filing a response has passed, you can make an application for a divorce order. This involves completing additional court forms and filing them in court. A judge will review the application and make a decision, usually without either of you having to appear before a judge.


==Second, prepare the Notice of Family Claim in Form F3==
====You can file jointly====
This is the document that starts the court case. It states the grounds for the divorce and gives information about you, your spouse and any children, as well as the details about your marriage and separation.
Another option is that both of you can start the court case together by filling out and filing certain court forms in BC Supreme Court. The joint application is less expensive and faster than if only one spouse starts the court case. This is because there’s no need to serve anyone with the court forms and no need to wait for the response deadline.


The Notice of Family Claim also allows you to ask for other orders along with a divorce order. Other orders might be about the parenting arrangements for your children, child support, spousal support or the division of property and debt. Be careful when you are making other claims. If your spouse doesn’t agree to the claims you are making, he or she will probably file a defence to your case and your divorce won’t be able to proceed as an undefended divorce proceeding.
====You give evidence without going to court====
In a desk order divorce, the material you file in court will include '''affidavits'''. These will give the court the evidence it needs to make a divorce order. An affidavit is a legal document in which a witness makes statements sworn to be true.


==Third, file your marriage certificate and the Notice of Family Claim in court==
Unless the court decides that further evidence or a full hearing is required, it will usually make the divorce order. No one needs to attend a court hearing.
Once you have filled out and signed the Notice of Family Claim, it must be filed in court along with your marriage certificate. You’ll need to file the original plus at least three photocopies of the Notice of Family Claim; the court will keep the original and give you the copies back, stamped with the court’s official stamp.


==Fourth, serve your spouse with the Notice of Family Claim==
===If you have children together===
Someone who is being sued, even in an undefended divorce proceeding, must be given formal notice about the court case. “Personal service” means arranging for the Notice of Family Claim to be physically delivered to your spouse, and you cannot serve the Notice of Family Claim yourself. You must get someone else to do this, and your server must swear an Affidavit of Personal Service in Form F15 describing how, when and with what your spouse was served.
The court needs evidence that reasonable arrangements have been made for the financial support of the children. This is true even if the spouse who has the children most of the time is happy with the support arrangements. The court has a special duty to make sure the children are taken care of. It needs proof of your income and your spouse’s income. It needs to know the children’s living arrangements, and the amount of child support being paid (or an explanation why it isn’t being paid). Without this information, the court won’t make an order for divorce.


==What if it’s not possible to personally serve your spouse?==
===When the divorce takes effect===
If it’s not possible for your spouse to be personally served, for example because you don’t know where he or she lives, other means of letting your spouse know about the divorce are available. This is called “substitutional service.” You must have a court order to use substitutional service.
You aren’t actually divorced the moment the divorce order is made. The divorce won’t take effect until '''31 days after''' the court grants a divorce order. (That’s if there are no special circumstances and '''no one has filed an appeal'''.) So, don’t plan on remarrying within that 31-day period.


The court may, for example, make an order allowing notice to be served through a classified ad in a local newspaper, or the court may order that the Notice of Family Claim be given to someone known to your spouse, such as his or her parents, a coworker or a roommate.
Once the 31 days have passed, you’ll be divorced. If you choose to, you can ask the court to issue a '''certificate of divorce''' confirming this. But you’ll be divorced whether you get the certificate or not.


==Fifth, wait for 30 days==
===If you bring joint divorce proceedings===
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 won’t be able to proceed as an undefended divorce.
If both of you agree to the divorce order, and to any other orders you want the court to make, you can start the divorce proceeding '''together''' by filing a '''joint uncontested divorce proceeding'''.


In addition to responding to your Notice of Family Claim, your spouse may also choose to file a Counterclaim and make claims against you. For more information on defending a divorce proceeding, see script [[The Respondent in Divorce Proceedings (Script 122)|122]] on “The Respondent in Divorce Proceedings”.
With this action, neither spouse has to serve court documents on the other. So you may be able to apply for the divorce order on the same day you file your joint claim. (That’s so long as the one-year period of separation has passed.)


==Sixth, if your spouse does nothing, apply for a divorce order==
Both you and your spouse must sign the '''notice of joint family claim''' (form F1). Both of you must also complete '''affidavits'''. These give the court the information it needs to decide if the divorce order is justified. If you have children, one affidavit you’ll both need to prepare and file deals with the child support arrangements you have in place.
After the 30 days has run out, you can go ahead and apply for the divorce order by filing in court 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) and a draft of the order you want the court to make in Form F52 (the formal divorce order). If you have children you’ll also have to file a Child Support Affidavit in Form F37 (a document describing the arrangements made for the financial support of the children).


Remember that if you are asking for a divorce based on separation, you can only apply for the divorce order 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 Divorce Affidavit.
==The steps in the desk order divorce process==
These steps describe the process for a '''sole application for an uncontested divorce'''.


==When divorce proceedings are undefended, a court hearing usually isn’t required==
===Step 1. Get your marriage certificate===
The evidence the court needs to make an order will be given in the affidavits you have filed in court. Unless the court decides that further evidence or a full hearing is required, the divorce order will usually be made without the need for anyone to attend as a witness.
You need your '''original''', ''government-issued'' '''marriage certificate''' to apply for a divorce. If you don’t have an original, you have to get a new one.


==The court may scrutinize a divorce order that includes division of property or debt==
{| class="wikitable"
If you are asking for an order dividing family property and family debt other than equally, your affidavit should explain why the unequal division you propose is fair. See script [[Dividing Property and Debts (Script 124)|124]] on “Dividing Property and Debts”.
|align="left"|'''Tip'''
Photocopies of your marriage certificate won’t be accepted by the court registry, except in special cases and with special permission. A copy of an original marriage certificate may be acceptable if it’s '''certified to be a true copy''' of the original by a lawyer, notary public, or government official.
|}


==The court will scrutinize a divorce order if there are children==
If you were married in BC, you can get an original marriage certificate for $27 [https://www2.gov.bc.ca/gov/content/life-events/marriage/marriage-certificates from the Vital Statistics Agency]. You can call the agency at 250-952-2681 in the Victoria area, or toll-free 1-888-876-1633 elsewhere in BC.
The court will need evidence that “reasonable arrangements” have been made for the financial support of the children. This is the case even if the spouse who has the children most of the time is happy with the support arrangements. The court has a special duty to satisfy itself that the arrangements are appropriate. It needs evidence about your income and your spouse’s income, the children’s living arrangements and the amount of child support being paid. Without this information, the court will not make an order for divorce.


==When does the divorce take effect?==
If you were married outside of BC, you’ll need to contact the equivalent government agency to get an original marriage certificate or a certified true copy. It’s not the certificate from the person who performed the marriage that’s needed, but the '''government-issued record''' of your marriage.
You are not divorced on the day that the divorce order is made. Unless there are special circumstances, the divorce will not take effect until 31 days after the divorce order is granted, so you’d better not plan on remarrying within that 31-day period.


Once the 31 days have passed, if your spouse hasn’t filed an appeal of the divorce order, you can ask the court to issue a Certificate of Divorce confirming that the divorce order has taken effect. However, once the 31 days have passed, you will be divorced whether you get the Certificate of Divorce or not.
If you have a foreign marriage certificate that isn’t in English, you’ll also have to file a certified English translation of the foreign marriage certificate.


==What about joint divorce proceedings?==
If you were married outside of Canada and can’t get an original, government-issued marriage certificate, you can’t get a divorce by desk order. Instead, you may need to apply to court to bypass filing a marriage certificate. In your material, you’ll need to explain why you can’t get the certificate. If possible, get legal advice if you find yourself in this situation.
If both of you agree to the divorce order, and to any other orders you want the court to make, you can start the divorce proceeding together by filing a Notice of Joint Family Claim in Form F1.


Service is not required in a joint divorce proceeding and, 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 that you file your Notice of Joint Family Claim. Both of you will sign the Notice of Joint Family Claim and both of you will have to file Divorce Affidavits and, if you have children, Child Support Affidavits.
===Step 2. Complete forms to start the court case===
A form called the '''notice of family claim''' (form F3) starts a divorce proceeding in Supreme Court. This form states the basis for the divorce (such as being separated for at least a year). It also gives information about you, your spouse, and any children, as well as the details of your marriage and separation. If you file the notice, you are the '''claimant'''. Your spouse is called the '''respondent'''.


==Where can you get help or find more information?==
The notice form also allows you to ask for other orders besides a divorce order. Other orders might involve the parenting arrangements for your children, child support, spousal support, or the division of property and debt.
*Contact the Legal Services Society (LSS) Family LawLINE: If you are a low-income person experiencing a family law issue, you may be eligible for free legal advice over the telephone from a family lawyer. To be considered for this service, contact the LSS Call Centre at 604.408.2172 (Greater Vancouver) or 1.866.577.2525 (call no charge, elsewhere in BC) between 9:30 am and 12:00 pm on weekdays.
*Also see the Legal Services Society’s Family Law in BC website at [http://www.familylaw.lss.bc.ca www.familylaw.lss.bc.ca] and choose the appropriate guide (either “Sole application” or “Joint application”) at [http://www.familylaw.lss.bc.ca/guides/divorce www.familylaw.lss.bc.ca/guides/divorce].
*Visit the [[Divorce]] page of the wikibook ''JP Boyd on Family Law'', provided by Courthouse Libraries BC.


Along with the notice form, you also need to complete and file a '''registration of divorce proceedings''' form. This form helps the court check on whether there are other divorce proceedings in your or your spouse’s name that have been started in Canada.


[updated October 2014]
{| class="wikitable"
|align="left"|'''Tip'''
You can '''download''' the notice of family claim form, as well as other court forms, on the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms BC government website]. The wikibook ''JP Boyd on Family Law'' includes [[Supreme_Court_Forms_(Family_Law)|samples of many completed forms]].
|}


===Step 3. File your documents in court===
Once you’ve filled out and signed the notice form, you must '''file''' it in court, along with your marriage certificate. You’ll need to pay a $210 filing fee. You have to file the original notice form together with at least three photocopies. The court keeps the original and gives you the copies, stamped with the court’s official stamp.


----
===Step 4. Serve the court documents on your spouse ===
----
Anyone who’s being sued must be given formal notice of the court case; this applies even to a sole application for an uncontested divorce proceeding. Your spouse must be served by '''personal service'''. That means arranging for the court-filed notice of family claim to be physically delivered to them. You can’t serve the document yourself. You must have someone else, who’s at least 19 years old, leave the filed notice form with your spouse.


====You must prove personal service====
The person who serves the court documents must swear an '''affidavit of service''' (form F15). In it, they’ll describe how, when, and with what your spouse was served.


====If personal service is not possible====
If your spouse can’t be personally served — for example, because you don’t know where they live — there are other ways to let them know about the court action. 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 be given to someone your spouse knows, such as their parents, a co-worker, or a roommate.
===Step 5. Wait for 30 days===
If your spouse doesn’t agree with the claims you’re making, they have 30 days to defend the court case by filing a '''response''' (form F4). If they do file a response, you can’t get a desk order divorce, as your divorce is now considered '''contested'''.
Your spouse may choose to respond to your claim '''and also''' file a '''counterclaim''' (form F5). In the counterclaim, your spouse can make their own family law claims against you.
{| class="wikitable"
|align="left"|'''Tip'''
If you’ve been served with divorce papers, and you don’t agree with the other party’s claims, you have '''30 days''' to file a response in court. [[Responding to Divorce Proceedings|See our information on responding to divorce proceedings]] — and get legal advice, if possible.
|}
===Step 6. If your spouse doesn’t respond, apply for a divorce order===
If the 30 days have passed and your spouse hasn’t filed a response, you can apply for a '''divorce order'''. The filing fee is $80. You must prepare and file the following forms in court:
* A '''requisition''' in form F35, which asks for a divorce order.
* The '''affidavit of service''' in form F15, which says your spouse was personally served with the notice of family claim (the form that started the court case). An affidavit is a legal document in which a witness makes statements they swear are true.
* Your '''affidavit''' in form F38, which gives the court your evidence in support of a divorce order.
* A '''certificate of pleadings''', which tells the judge that the documents filed in your case are correct and complete.
* A draft of the final '''divorce order''' in form F52.
If you have children, you’ll also have to file a '''child support affidavit''' (form F37). This affidavit gives the court more information about your income and your spouse’s income, your children’s living arrangements, and the child support amount being paid.
==Who can help==
===With more information===
Legal Aid BC’s '''Family Law in BC website''' has free step-by-step guides for applying for a desk order divorce.
* [https://familylaw.lss.bc.ca/separation-divorce/getting-a-divorce/do-your-own-uncontested-divorce Visit website]
The BC government has a free step-by-step online tool, the '''Online Divorce Assistant''', to help couples with or without children apply for a desk order divorce together.
* [https://justice.gov.bc.ca/divorce Visit website]
The wikibook ''JP Boyd on Family Law'' gives a step-by-step explanation of how to get divorced by desk order in BC. It also includes completed sample forms.
* [[JP Boyd on Family Law|Visit website]]
=== Free and low-cost legal help===
The '''Family LawLINE''', operated by Legal Aid BC, is staffed with lawyers who provide free family law legal advice over the telephone to people who can’t afford a lawyer.
* Call 604-408-2172 (Metro Vancouver) or 1-866-577-2525 (toll-free)
* [https://familylaw.lss.bc.ca/call/family-lawline Visit website]
[[Free and Low-Cost Legal Help|Also see our information on free and low-cost legal help]]. It explains options such as pro bono services, legal clinics, and advocates.
{{Dial-A-Law_Navbox|type=families}}
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Revision as of 03:44, 13 May 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Amber van Drielen, One World Law Group in February 2020.

If you and your spouse agree on the issues of parenting, support and property, there’s a fast-track way to get a divorce. Learn how you can apply for a desk order divorce.

What you should know

You need a divorce order to end a marriage

To be divorced, you need to get a divorce order under the Divorce Act. In BC, only the Supreme Court can grant this order. So, to get one, you have to apply to that court. This is true even if you and your spouse agree on all your other family law issues and only need a divorce order.

To get a divorce, you must prove your marriage has broken down. You can show marriage breakdown in three ways: having been separated for at least one year, adultery, or cruelty. We explain these in our information on requirements for divorce.

What a desk order divorce involves

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. When one spouse starts the court case, the process is called a sole application for an uncontested divorce. When the spouses start the court case together, it’s called a joint application for an uncontested divorce. If you’re not sure which procedure to use, it’s a good idea to get legal advice.

You can file on your own

Here’s how a sole divorce proceeding typically works. One spouse — let’s say it’s you — starts a BC Supreme Court case by filling out, filing, and serving a court form asking for a divorce. Your spouse agrees and doesn’t file a response in court. After the deadline for filing a response has passed, you can make an application for a divorce order. This involves completing additional court forms and filing them in court. A judge will review the application and make a decision, usually without either of you having to appear before a judge.

You can file jointly

Another option is that both of you can start the court case together by filling out and filing certain court forms in BC Supreme Court. The joint application is less expensive and faster than if only one spouse starts the court case. This is because there’s no need to serve anyone with the court forms and no need to wait for the response deadline.

You give evidence without going to court

In a desk order divorce, the material you file in court will include affidavits. These will give the court the evidence it needs to make a divorce order. An affidavit is a legal document in which a witness makes statements sworn to be true.

Unless the court decides that further evidence or a full hearing is required, it will usually make the divorce order. No one needs to attend a court hearing.

If you have children together

The court needs evidence that reasonable arrangements have been made for the financial support of the children. This is true even if the spouse who has the children most of the time is happy with the support arrangements. The court has a special duty to make sure the children are taken care of. It needs proof of your income and your spouse’s income. It needs to know the children’s living arrangements, and the amount of child support being paid (or an explanation why it isn’t being paid). Without this information, the court won’t make an order for divorce.

When the divorce takes effect

You aren’t actually divorced the moment the divorce order is made. The divorce won’t take effect until 31 days after the court grants a divorce order. (That’s if there are no special circumstances and no one has filed an appeal.) So, don’t plan on remarrying within that 31-day period.

Once the 31 days have passed, you’ll be divorced. If you choose to, you can ask the court to issue a certificate of divorce confirming this. But you’ll be divorced whether you get the certificate or not.

If you bring joint divorce proceedings

If both of you agree to the divorce order, and to any other orders you want the court to make, you can start the divorce proceeding together by filing a joint uncontested divorce proceeding.

With this action, neither spouse has to serve court documents on the other. So you may be able to apply for the divorce order on the same day you file your joint claim. (That’s so long as the one-year period of separation has passed.)

Both you and your spouse must sign the notice of joint family claim (form F1). Both of you must also complete affidavits. These give the court the information it needs to decide if the divorce order is justified. If you have children, one affidavit you’ll both need to prepare and file deals with the child support arrangements you have in place.

The steps in the desk order divorce process

These steps describe the process for a sole application for an uncontested divorce.

Step 1. Get your marriage certificate

You need your original, government-issued marriage certificate to apply for a divorce. If you don’t have an original, you have to get a new one.

Tip

Photocopies of your marriage certificate won’t be accepted by the court registry, except in special cases and with special permission. A copy of an original marriage certificate may be acceptable if it’s certified to be a true copy of the original by a lawyer, notary public, or government official.

If you were married in BC, you can get an original marriage certificate for $27 from the Vital Statistics Agency. You can call the agency at 250-952-2681 in the Victoria area, or toll-free 1-888-876-1633 elsewhere in BC.

If you were married outside of BC, you’ll need to contact the equivalent government agency to get an original marriage certificate or a certified true copy. It’s not the certificate from the person who performed the marriage that’s needed, but the government-issued record of your marriage.

If you have a foreign marriage certificate that isn’t in English, you’ll also have to file a certified English translation of the foreign marriage certificate.

If you were married outside of Canada and can’t get an original, government-issued marriage certificate, you can’t get a divorce by desk order. Instead, you may need to apply to court to bypass filing a marriage certificate. In your material, you’ll need to explain why you can’t get the certificate. If possible, get legal advice if you find yourself in this situation.

Step 2. Complete forms to start the court case

A form called the notice of family claim (form F3) starts a divorce proceeding in Supreme Court. This form states the basis for the divorce (such as being separated for at least a year). It also gives information about you, your spouse, and any children, as well as the details of your marriage and separation. If you file the notice, you are the claimant. Your spouse is called the respondent.

The notice form also allows you to ask for other orders besides a divorce order. Other orders might involve the parenting arrangements for your children, child support, spousal support, or the division of property and debt.

Along with the notice form, you also need to complete and file a registration of divorce proceedings form. This form helps the court check on whether there are other divorce proceedings in your or your spouse’s name that have been started in Canada.

Tip

You can download the notice of family claim form, as well as other court forms, on the BC government website. The wikibook JP Boyd on Family Law includes samples of many completed forms.

Step 3. File your documents in court

Once you’ve filled out and signed the notice form, you must file it in court, along with your marriage certificate. You’ll need to pay a $210 filing fee. You have to file the original notice form together with at least three photocopies. The court keeps the original and gives you the copies, stamped with the court’s official stamp.

Step 4. Serve the court documents on your spouse

Anyone who’s being sued must be given formal notice of the court case; this applies even to a sole application for an uncontested divorce proceeding. Your spouse must be served by personal service. That means arranging for the court-filed notice of family claim to be physically delivered to them. You can’t serve the document yourself. You must have someone else, who’s at least 19 years old, leave the filed notice form with your spouse.

You must prove personal service

The person who serves the court documents must swear an affidavit of service (form F15). In it, they’ll describe how, when, and with what your spouse was served.

If personal service is not possible

If your spouse can’t be personally served — for example, because you don’t know where they live — there are other ways to let them know about the court action. 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 be given to someone your spouse knows, such as their parents, a co-worker, or a roommate.

Step 5. Wait for 30 days

If your spouse doesn’t agree with the claims you’re making, they have 30 days to defend the court case by filing a response (form F4). If they do file a response, you can’t get a desk order divorce, as your divorce is now considered contested.

Your spouse may choose to respond to your claim and also file a counterclaim (form F5). In the counterclaim, your spouse can make their own family law claims against you.

Tip

If you’ve been served with divorce papers, and you don’t agree with the other party’s claims, you have 30 days to file a response in court. See our information on responding to divorce proceedings — and get legal advice, if possible.

Step 6. If your spouse doesn’t respond, apply for a divorce order

If the 30 days have passed and your spouse hasn’t filed a response, you can apply for a divorce order. The filing fee is $80. You must prepare and file the following forms in court:

  • A requisition in form F35, which asks for a divorce order.
  • The affidavit of service in form F15, which says your spouse was personally served with the notice of family claim (the form that started the court case). An affidavit is a legal document in which a witness makes statements they swear are true.
  • Your affidavit in form F38, which gives the court your evidence in support of a divorce order.
  • A certificate of pleadings, which tells the judge that the documents filed in your case are correct and complete.
  • A draft of the final divorce order in form F52.

If you have children, you’ll also have to file a child support affidavit (form F37). This affidavit gives the court more information about your income and your spouse’s income, your children’s living arrangements, and the child support amount being paid.

Who can help

With more information

Legal Aid BC’s Family Law in BC website has free step-by-step guides for applying for a desk order divorce.

The BC government has a free step-by-step online tool, the Online Divorce Assistant, to help couples with or without children apply for a desk order divorce together.

The wikibook JP Boyd on Family Law gives a step-by-step explanation of how to get divorced by desk order in BC. It also includes completed sample forms.

Free and low-cost legal help

The Family LawLINE, operated by Legal Aid BC, is staffed with lawyers who provide free family law legal advice over the telephone to people who can’t afford a lawyer.

  • Call 604-408-2172 (Metro Vancouver) or 1-866-577-2525 (toll-free)
  • Visit website

Also see our information on free and low-cost legal help. It explains options such as pro bono services, legal clinics, and advocates.

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