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{{Dial-A-Law TOC|expanded = family}}
==How do I get You need a divorce?order to end a marriage==To get divorced, you need to get a '''divorce order from ''' under the ''[http://canlii.ca/t/7vbw Divorce Act]''. In BC , only the Supreme Court. Only can grant this court can divorce a married coupleorder. To get a court 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 but other than 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”.
==What is a A desk -order divorce?allows you to avoid going to court==It’s a doA '''desk-it-yourself order divorce. One spouse sues the other spouse and the spouse being sued doesn’t oppose the ''' is a process that lets you get a divorce order. Once the deadline for the spouse being sued to file a response without going to the court case has passed, the spouse who sued applies for the desk . It’s also called an “'''undefended'''” or “'''uncontested divorce order. This application is done by completing several court forms and filing them in court. No one has to appear before a judge'''”.
This information describes the process for the sole divorce proceeding. ===You give evidence without going to court=== The evidence the court needs to make an order will be given in '''affidavits''' you file in court. An affidavit is a legal document where a witness makes statements about facts they say are true. Unless the court decides that further evidence or a full hearing is required, it will usually make the divorce order without requiring anyone to attend a court hearing. ==If you have children together==The court will need evidence that reasonable arrangements have been made for the financial support of the children. This is 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 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 why child support is not being paid). Without this information, the court will not make an order for divorce. ==When the divorce takes effect==You are not divorced on the day the divorce order is made. Unless there are special circumstances, the divorce will take effect '''31 days after the divorce order is granted'''. 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. ==If you bring 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 '''joint divorce proceeding'''. Service is not required in a joint divorce proceeding. 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 you file your joint claim. Both of you will sign the notice of joint claim. Both of you will file '''affidavits''' giving the court the information it needs to decide if the divorce order is justified. If you have children, you will also both have to file an affidavit dealing with child support. This affidavit gives the court more information about your income and the arrangements for child support. ==The steps involved== ===Step 1. Get your marriage certificate===If you don’t have an original, government-issued '''marriage certificate''', you have to get one. Photocopies won’t be accepted by the court registry, except in special cases and with special permission. A copy of an original marriage certificate may be acceptable if it is certified to be a true copy of the original by a lawyer, notary public, or a government official. 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 mainlandLower 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 outside of Canada and can’t get an original, government-issued marriage certificate, you can’t do get a desk -order divorce. Instead, you will need to hire a lawyer apply to help you apply court to do away with the need for a marriage certificate. ==Step 2. Complete the form to start the court case== A document called a '''notice''' starts the court case. Supreme Court Form F3 is the notice form for a sole divorce proceeding. The notice states the basis for the divorce and gives information about you, your spouse and any children, as well as the details of your marriage and separation. You can download the notice and other divorce forms from the [https://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms BC government website].
===Third, file Step 4. Serve your marriage certificate and spouse with the Notice of Family Claim in court=notice==Once you have filled out and signed the Notice of Family ClaimSomeone who is being sued, even in an undefended divorce proceeding, you must file it in be given formal notice about the courtcase. Your spouse must be served by '''personal service''', along with which means arranging for the filed notice to be physically delivered to your marriage certificatespouse. You have to file cannot serve the original plus document yourself. You must get someone else, who is at least three photocopies of the Notice of Family Claim. The court keeps the original and gives you 19 years old, to leave the copies, stamped filed notice form with the court’s official stampyour spouse.
===Fourth, serve your spouse with You must prove the Notice of Family Claimservice===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 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 affidavit of Personal Service service in Form F15 describing how, when, and with what your spouse was served.
====What if you can’t personally serve your spouse?=If personal service is not possible===If you your spouse can’t be personally serve your spouse, served — for example, because you don’t know where they live, — other ways of letting are available to let them know about the court action are available. This is called '''substitutional service''' or '''alternative service'''. You must have a court order to use this type of service.
The court may, for example, allow notice to be served through a classified ad in a local newspaper, or . Or it may order that the Notice of Family Claim notice be given to someone your spouse knows, such as their parents, a coworker co-worker or a roommate.
===Fifth, wait Step 5. Wait for 30 days===Your spouse has 30 days to defend the court case by filing a Response to Family Claim'''response''' in Form F4. If your spouse files a Response to Family Claimresponse, your divorce you can’t proceed as an undefended get a desk-order divorce.
In addition to responding to your Notice of Family Claimclaim, your spouse may also file a Counterclaim '''counterclaim''' and make claims against you.
{| class="wikitable"|align="left"|'''Tip'''If you have been served with a Notice of Family Claim that includes claims for relief other than just a divorcepapers, you should review the claim with a lawyer see our information on [[The Respondent in Divorce Proceedings (Script 122)|responding to see if you must file a Response and Counterclaimdivorce proceedings (no. 122)]].|}
After the 30 days has run out, you can apply for the divorce order by filing in court:
[updated October 2018]
'''The above was last reviewed for legal accuracy by phttp://bhmlawyers.ca/team-2/samantha-de-wit/ Samantha de De Wit of ], Brown Henderson Melbye, and edited by John Blois[http://jimalelawcorp.com/about-zahra/ Zahra H. Jimale, Jimale Law Corporation].'''
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