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Difference between revisions of "Uncontested Divorce (3:V)"
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Uncontested Divorce (3:V) (view source)
Revision as of 19:46, 12 August 2021
, 19:46, 12 August 2021no edit summary
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 12, 2021}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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== B. Joint or Sole Application == | == B. Joint or Sole Application == | ||
For joint applications, in addition to the original Notice of Joint Family Claim, two additional copies will be | For joint applications, in addition to the original Notice of Joint Family Claim, two additional copies will be required—the original is filed at the registry and the two copies as personal records. See Section H: Service, below, regarding sole applications. | ||
A joint application is quicker, less expensive, and less complicated than a sole application because a Notice of Joint Family Claim need not be served (Supreme Court Family Rules, r. 2-2). However, if lawyers or a mediator is preparing the joint claim, both parties will need to seek out independent legal advice. | A joint application is quicker, less expensive, and less complicated than a sole application because a Notice of Joint Family Claim need not be served (Supreme Court Family Rules, r. 2-2). However, if lawyers or a mediator is preparing the joint claim, the lawyer needs to advise each of the clients that: | ||
*The lawyer is acting for both parties; | |||
*No information received in connection with the matter from one client can be treated as confidential from the other client; | |||
*If a conflict develops that cannot be resolved, the lawyer cannot continue to act for both of them and may have to withdraw completely; and | |||
*Both parties will need to seek out independent legal advice. | |||
== C. Filling Out the Notice of Family Claim == | == C. Filling Out the Notice of Family Claim == | ||
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:'''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 their spouse in the photograph used. | :'''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 their 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 | 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 skip tracing agency. This takes extra time, but will avoid the additional costs associated with a substitute service application. | ||
In a substitute service application, the client must make an extra application to obtain permission | In a substitute service application, the client must make an extra application to obtain permission to serve 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 [http://www2.gov.bc.ca/gov/content/governments/services-for-government/bc-bid-resources/goods-and-services-catalogue/bc-gazette Gazette], which could cost anywhere between approximately $111 and $315, 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, or serving the respondent through e-mail or Facebook. | ||
== I. Costs == | == I. Costs == | ||