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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)
Revision as of 02:07, 27 April 2021
, 02:07, 27 April 2021→What a desk order divorce involves
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====You can file on your own==== | ====You can file on your own==== | ||
Here’s how a '''sole''' divorce proceeding typically works. One spouse — let’s say it’s you — starts a BC Supreme Court case by filling out, filing, and serving a court form asking for a divorce. Your spouse agrees and | Here’s how a '''sole''' divorce proceeding typically works. One spouse — let’s say it’s you — starts a BC Supreme Court case by filling out, filing, and serving a court form asking for a divorce. Your spouse agrees and doesn’t file a response in court. After the deadline for filing a response has passed, you can make an application for a divorce order. This involves completing additional court forms and filing them in court. A judge will review the application and make a decision, usually without either of you having to appear before a judge. | ||
====You can file jointly==== | ====You can file jointly==== | ||
Another option is that both of you can start the court case together by filling out and filing certain court forms in BC Supreme Court. The joint application is less expensive and faster than if only one spouse starts the court case. This is because there’s no need to serve anyone with the court forms and no need to wait for the response deadline. | Another option is that both of you can start the court case together by filling out and filing certain court forms in BC Supreme Court. The joint application is less expensive and faster than if only one spouse starts the court case. This is because there’s no need to serve anyone with the court forms and no need to wait for the response deadline. | ||
====You give evidence without going to court==== | |||
====You give evidence without going to court==== | |||
In a desk order divorce, the material you file in court will include '''affidavits'''. These will give the court the evidence it needs to make a divorce order. An affidavit is a legal document in which a witness makes statements sworn to be true. | In a desk order divorce, the material you file in court will include '''affidavits'''. These will give the court the evidence it needs to make a divorce order. An affidavit is a legal document in which a witness makes statements sworn to be true. | ||