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→The do-it-yourself divorce
==The do-it-yourself divorce==
The only way to obtain an get divorced is to get a divorce order, and the only way to get a court order for divorce is by starting to start a court proceeding; you . You must sue your spouse if you want to get divorced, even if you're still quite friendly with each other and even if you agree on everything. The do-it-yourself process, called the ''desk order divorce process'', allows is a special process designed to let you to obtain start a court proceeding and get a final divorce order for divorce without ever having to appear in court, and the . The order you ask for can even deal with all of the issues between you other than divorce, and your spousecan include orders about parenting children, child support, from divorce to spousal support and the division of property to child supportand debt.
You can get your divorce yourself using the desk order divorce process, without having to retain a lawyer. While some of the court forms can be a bit dauntingintimidating, there are plenty of resources, such as this website, that can help you unravel the mysteries and complete the process on your own.
Generally speaking, a desk order divorce is appropriate in two situations:
#when the only issue between you and your spouse is getting a divorce; or, or#when you and your spouse have other legal issues, but those issues have been settled, either through a separation agreement or an agreement about the terms of a consent order.
In the first <span class="noglossary">case</span>, a desk order application will be for a divorce alone. In the second <span class="noglossary">case</span>, a desk order application will be an application for a divorce plus ''corollary relief'', that is, as well as other orders apart from the divorce order itselfabout things, such as orders dealing with care of like parenting children, paying support, or the division of assetsand dividing property.
Most court proceedings go like this: the claimant files a Notice of Family Claim and serves it on the respondent; and, the respondent then files a Response to Family Claim and sometimes a Counterclaim. If the respondent fails to file a Response to Family Claimwithin the allowed time, the claimant's court proceeding is said to be ''uncontested''. This means that the respondent is assumed to either agree with the relief sought by the claimant or to have chosen not to defend the claim. In such circumstances, the claimant is free to seek a ''default judgment'' against the respondent.
A desk order divorce application is essentially an application for a default judgment, whether the claimant's court proceeding is for a divorce order alone or for a divorce order with corollary relief, and is governed by Rule 10-10 of the [http://canlii.ca/t/8mcr Supreme Court Family Rules].
For a <span class="noglossary">brief</span> summary of this process, go to the ''How Do I?'' Helpful Guides & Common Questions section of this resource and read [[How Do I Get Divorced?]]. It's located under ''Marriage, Separation & and Divorce''.
===Choosing between the sole application process and the joint application process===
There are two types of desk order divorce actionsprocesses:
#the ''sole application '' process, in which only one spouse is responsible for ushering the process through; and, and#the ''joint application '' process, in which the both spouses work together to get the job done.
There are a few important differences between sole applications and joint applications.
*Joint applications are quicker and cheaper, but the spouses will have to cooperate with each other. In a sole application, no cooperation is required.
*A The sole application process takes a little longer since because the person bringing the action claimant has to serve the other spouse 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 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.