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{{Dial-A-Law TOC|expanded = family}}
This script discusses the explains desk order divorce proceedings, the do-it-yourself court process that applies where you can use if there are no disagreements between you and your spouse relating to on the parenting of children, spousal support or child support, and dividing family property and family debt. In many cases, you’ll But you may still 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 do not need to get a divorce.
==How do I get a divorce?==
To get divorced, you need to get a divorce orderfrom the BC Supreme Court. Only the this court has the ability to can 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 but 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”. ==Online Divorce Assistant==If you don’t have children and you and your spouse agree to get a divorce, you can try the BC government’s online divorce assistant. You and your spouse also have to agree on all family law issues that apply to you, such as spousal support and the division of family property and debts. Eventually, people with children may be able to use this tool.
==What is a desk order divorce?==
The process when one spouse starts the court case is called a “sole '''sole divorce proceeding'''.” The process when the spouses start the court case together is called a “joint '''joint divorce proceeding'''.” Both of these processes are called “undefended '''undefended divorce proceedings'''.” This script describes the process for the sole divorce proceeding.
==First, get your marriage certificate==
If you don’t have an original, government-issued marriage certificate, you’ll need you have to get one. Photocopies won’t be accepted by the court registry, except in special circumstances cases and with special permission. However, But 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 [https://www2.gov.bc.ca/gov/content/family-social-supports/seniors/health-safety/health-care-programs-and-services/vital-statistics Vital Statistics Agency]. Call 604.660.2937 in the lower mainland, 250.952.2681 in Greater Victoria, or toll-free 1.888.876.1633 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 get an original marriage certificate or a certified 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 not in English, you will also have to file a certified English translation of the foreign marriage certificate.
If you were married in British Columbia, you can outside of Canada and can’t get an original , government-issued marriage certificate from the Vital Statistics Agency. See [http://www.vs.gov.bc.ca www.vs.gov.bc.ca], or call 604.660you can’t do a desk order divorce.2937 in the lower mainlandInstead, 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 will need to contact the equivalent government agency where hire a lawyer to help you were married apply to obtain an original do away with the need for a marriage certificate or a certified copy. 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.
==Second, prepare the Notice of Family Claim in Form F3==
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. If your spouse doesn’t agree to the claims you are making, he or she has the right to they can file a defence to your case and your divorce won’t be able to . Then you can’t proceed as an undefended divorce proceeding.
When preparing your Notice of Family Claim and before filing it at the court, you should speak with a family law lawyer to makes make sure your Notice of Family Claim contains has all the claims you need to make to resolve all issues between you and your spouse.
==Third, file your marriage certificate and the Notice of Family Claim in court==
Once you have filled out and signed the Notice of Family Claim, you must file it must be filed in court , along with your marriage certificate. You’ll need You have to file the original plus at least three photocopies of the Notice of Family Claim; the . The court will keep keeps the original and give gives you the copies back, stamped with the court’s official stamp.
==Fourth, serve your spouse with the Notice of Family Claim== Someone who is being sued, even in an undefended divorce proceeding, must be given formal notice about the court case. Your spouse must be served by way of personal service, which means arranging for the filed Notice of Family Claim to be physically delivered to your spouse. You cannot serve the Notice of Family Claim yourself. You must get someone else, who is at least 19 years old to leave the Notice of Family Claim with your spouse,, and your server must swear an Affidavit of Personal Service in Form F15 describing how, when , and with what your spouse was served.
==What if it’s not possible to you can’t personally serve your spouse?==If it’s not possible for you can’t personally serve your spouse to be personally served, for example , because you don’t know where he or she livesthey live, other means ways of letting your spouse them know about the court action are available. This is called “substitutional service” '''substitutional service''' or “alternative service”'''alternative service'''. You must have a court order to use this type of service.
The court may, for example, make an order allowing allow notice to be served through a classified ad in a local newspaper, or the court it may order that the Notice of Family Claim be given to someone known to your spouseknows, such as his or her their parents, a coworker or a roommate.
==Fifth, wait for 30 days==
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 can’t proceed as an undefended divorce.
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”.
==When divorce proceedings are undefended, a court hearing usually isn’t required==
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, it will usually make the divorce order will usually be made without the need for requiring anyone to attend a court hearing.
==The court may scrutinize review a divorce order that includes division of property or debt==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”.
==The court will scrutinize review a divorce order if there are children==The court will need evidence that “reasonable arrangements” reasonable arrangements have been made for the financial support of the children. This is the case 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 that the financial arrangements for the children 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 or an explanation as to why child support is not being paid. Without this information, the court will not make an order for divorce.
==When does the divorce take effect?==
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 you should 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. Once the 31 days have passed, you will be divorced whether you get the Certificate of Divorce or not.
==What about 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 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.
==Where can you get help or find more More information?==*Contact the Legal Services Society (LSS) [https://lss.bc.ca/legal_aid/FamilyLawLINE.php Family LawLINE]: If you are have a low-income person experiencing and 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 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.*See the Legal Services Society’s [http://www.familylaw.lss.bc.ca/ Family Law in BC website at ] and [http://www.familylaw.lss.bc.ca/ www.guides/divorce choose the correct guide] (either [https://familylaw.lss.bc.ca/guides/divorce/divSole_index.php Sole application or Joint application] and ).*See [httphttps://www.familylaw.lss.bc.ca/guides/divorce choose start/cantAgree/supreme/apply/index.php How to start a family law case] on the appropriate guide] (either “Sole application” or “Joint application”)LSS website.*Check the [https://sites.google.com/view/bfur BC Family Law Unbundling Roster] for family lawyers and paralegals willing to perform discrete tasks for clientswho can provide unbundled legal services.*Visit the [http://wiki.clicklaw.bc.ca/index.php?title=Divorce Divorce page] of the wikibook ''JP Boyd on Family Law'', provided by Courthouse Libraries BC.
[updated October 2018]
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