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Difference between revisions of "Uncontested Divorce (3:V)"
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Place a check mark for each applicable box and fill in the form accordingly. If the claimant is seeking a name change, he or she should indicate the full current and new names here. | Place a check mark for each applicable box and fill in the form accordingly. If the claimant is seeking a name change, he or she should indicate the full current and new names here. | ||
== G. Child Support Affidavits == | |||
Whenever there are children of the marriage and you are ready to submit the requisition for a Desk Order Divorce, a Child Support Affidavit must be filed. Even if the matter of guardianship, etc. is to remain in the jurisdiction of the lower court, a judge is still required to satisfy him or herself thatreasonable arrangements have been made for the care of the children, hence the requirement for financial information. It is imperative that all income, expenses, assets, and liabilities be listed on the affidavit. If a third party (i.e. a common law spouse, grandparents, etc.) will be assisting the custodial parent financially, this information should also be provided. | |||
== H. Service == | |||
Personal service is only required if the client is making a sole application. | |||
Clients should be advised that they '''must''' have a third party, over the age of 18, serve their Notice of Family Claim. Clients who choose to use a professional service should provide the server with a photograph of the spouse. The server should be told to take down the spouse’s driver’s licence number. Taking these steps will ensure that the Court does not question the validity of the service. | |||
'''Note:''' If the process server serves the Notice of Family Claim based on a photograph and does not, or is not able to obtain the spouses’ driver’s license number, the client must swear an additional affidavit confirming the identity of his or her spouse in the photograph used. | |||
If the respondent’s address is not known, the client should write letters to friends and family members to try to locate him or her. The client might also want to consider hiring the services of a skiptracing agency. This takes extra time, but will avoid the additional costs associated with an alternate serviceapplication. | |||
In an alternate service application, the client must make an extra application to obtain permission toserve the respondent in a way other than that normally required by the ''Supreme Court Family Rules''. The client may also incur the cost of publishing notices in a local newspaper and or the Gazette, which could cost anywhere between $60 and $200, depending on the order given. Other options include posting a copy of the substitution service order and the pleadings in the Court Registry, mailing them to the respondent’s last known address by registered mail, or serving an adult in the house where the respondent is believed to reside. | |||
== I. Costs == | |||
Clients should always double-check the following court fees because they tend to change: | |||
*Ordering a marriage certificate or registration of marriage: $50/$100 for couples married in BCIt can be ordered by mail or in person. Refer to http://www.vs.gov.bc.ca/marriage/certificate.html for more information. | |||
*Court fee to file the Notice of Family Claim for divorce: $210 ($200 for filing the Notice of Family Claim and $10 for filing the registration of divorce). | |||
*Fee for Serving the Notice of Family Claim on the respondent: varies depending upon where the respondent lives. The average fee is $100. Process Server Fees for the Lower Mainland can run from $69 plus $20 for an affidavit, or $70 to $100 all inclusive. For other parts of BC or Canada, it can cost $200 or more for all attempts. | |||
*Notarization: between $25 and $50, if the affidavit is already completed. | |||
*Final application fee: $80 (for requisition for the Desk Order Divorce). | |||
*Fee to apply for a certificate of divorce: $40. (Note that there is no requirement to apply for a certificate of divorce. Once the Order for divorce has been made and is effective, the parties are divorced.) | |||
'''NOTE:''' There is no fee to file a separation agreement in Provincial Court. There is a fee of $90 to file a separation agreement in the Supreme Court. | |||
== J. Approximate Length of Time for Divorces == | |||
Simple divorces, with or without children, take approximately three to four months to complete, or one to two months in the case of joint applications. Substitute service divorces take longer, an additional one or two months depending on the terms of the order for substitute service. Please note that these time estimates do not account for delay caused if the Court rejects some portion of the material filed and it needs to be redone. | |||