Divorce and the Law on Getting Divorced: Difference between revisions
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Divorce and the Law on Getting Divorced (view source)
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*The sole application process takes a little longer because the claimant has to serve the respondent with the Notice of Family Claim and wait 40 days before proceeding. In a joint application, service is not necessary and you can apply for the divorce order right away. | *The sole application process takes a little longer because the claimant has to serve the respondent with the Notice of Family Claim and wait 40 days before proceeding. In a joint application, service is not necessary and you can apply for the divorce order right away. | ||
*In a sole application, the spouses are called the claimant and respondent. In a joint application, the spouses are called claimant 1 and claimant 2. | *In a sole application, the spouses are called the claimant and respondent. In a joint application, the spouses are called claimant 1 and claimant 2. | ||
*In a joint application, both spouses must sign the Notice of Joint Family Claim, and both must complete an affidavit for the application for the divorce order. | *In a joint application, both spouses must sign the Notice of Joint Family Claim in Form F1, and both must complete an affidavit for the application for the divorce order. | ||
===The sole divorce application=== | ===The sole divorce application=== | ||
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'''Step One''' | '''Step One''' | ||
<blockquote>Prepare your Notice of Family Claim. Make three copies of the original.</blockquote> | <blockquote>Prepare your Notice of Family Claim in Form F3. Make three copies of the original.</blockquote> | ||
'''Step Two''' | '''Step Two''' | ||
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* ''[https://canlii.ca/t/8q3k Family Law Act]'' | * ''[https://canlii.ca/t/8q3k Family Law Act]'' | ||
* ''[https://canlii.ca/t/551f9 Divorce Act]'' | * ''[https://canlii.ca/t/551f9 Divorce Act]'' | ||
* [ | * [https://canlii.ca/t/8mcr Supreme Court Family Rules] | ||
* [ | * [https://canlii.ca/t/80mh Child Support Guidelines] | ||
===Links=== | ===Links=== | ||
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===Resources=== | ===Resources=== | ||
*[https://www.clicklaw.bc.ca/resource/4647 Legal | *[https://www.clicklaw.bc.ca/resource/4647 Legal Aid BC's Family Law website's information page "Getting a divorce"] | ||
*[https://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce"] from Legal Aid BC | *[https://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart: Common-Law Relationships, Marriage, Separation, and Divorce"] from Legal Aid BC | ||
*[https://www.clicklaw.bc.ca/resource/4340 Divorce Fact Sheet] website from the Department of Justice | *[https://www.clicklaw.bc.ca/resource/4340 Divorce Fact Sheet] website from the Department of Justice | ||
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*[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC | *[https://www.clicklaw.bc.ca/resource/4760 "Ending Relationships" video] from John-Paul Boyd, QC | ||
{{REVIEWED | reviewer = [[JP Boyd]], 26 March | {{REVIEWED | reviewer = [[JP Boyd]], 26 March 2023}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} |