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Difference between revisions of "Desk Order Divorce: The Do-It-Yourself Divorce Process"
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Desk Order Divorce: The Do-It-Yourself Divorce Process (view source)
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Drew Jackson (talk | contribs) m (Drew Jackson moved page Desk Order Divorces: The Do-It-Yourself Divorce Process (Script 121) to Desk Order Divorce: The Do-It-Yourself Divorce Process (No. 121): align with new Dial-A-Law website) |
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{{ | {{REVIEWEDPLS | reviewer = [http://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha De Wit], Brown Henderson Melbye, and [http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale], Jimale Law Corporation|date= October 2018}} {{Dial-A-Law TOC|expanded = divorce}} | ||
{{Dial-A-Law TOC|expanded = | |||
If you and your spouse agree on the issues of parenting, support and property, there is a fast-track way to get a divorce. You can apply for a “desk-order divorce”. | If you and your spouse agree on the issues of parenting, support and property, there is a fast-track way to get a divorce. You can apply for a “desk-order divorce”. | ||
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To get 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. To get a divorce order, you have to start a court case. This is so even if you and your spouse agree on everything and don’t need the court to make an order about anything other than the divorce. | To get 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. To get a divorce order, you have to start a court case. This is so even if you and your spouse agree on everything and don’t need the court to make an order about anything other than the divorce. | ||
To get a divorce, you must prove your marriage has broken down. You can show '''marriage breakdown''' in three ways. We explain these ways in our information on [[Requirements for Divorce and Annulment ( | To get a divorce, you must prove your marriage has broken down. You can show '''marriage breakdown''' in three ways. We explain these ways in our information on [[Requirements for Divorce and Annulment (No. 120)|the requirements for divorce (no. 120)]]. | ||
===A desk-order divorce allows you to avoid going to court=== | ===A desk-order divorce allows you to avoid going to court=== | ||
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|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
If you have been served with divorce papers, see our information on [[ | If you have been served with divorce papers, see our information on [[Responding to Divorce Proceedings (No. 122)|responding to divorce proceedings (no. 122)]]. | ||
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If you are asking for a divorce based on separation, you can apply for the divorce order only 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 affidavit, plus supporting evidence from your spouse or a witness to the adultery or cruelty. | If you are asking for a divorce based on separation, you can apply for the divorce order only 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 affidavit, plus supporting evidence from your spouse or a witness to the adultery or cruelty. | ||
If you are asking for an order dividing family property and family debt other than equally, your affidavit should explain why the unequal division is fair (for more on this topic, see our information on [[Dividing Property and Debts ( | If you are asking for an order dividing family property and family debt other than equally, your affidavit should explain why the unequal division is fair (for more on this topic, see our information on [[Dividing Property and Debts (No. 124)|dividing property and debts, no. 124]]). | ||
==Get help== | ==Get help== | ||
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:Web: [https://justice.gov.bc.ca/divorce justice.gov.bc.ca/divorce] | :Web: [https://justice.gov.bc.ca/divorce justice.gov.bc.ca/divorce] | ||
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