If you and your spouse have resolved all matrimonial issues without the intervention of the court, you are eligible to apply for a divorce. Such a divorce is uncontested, meaning it is not opposed by your spouse. In the Province of British Columbia, only a judge of the British Columbia Supreme Court has the power to grant a divorce, therefore you will need the assistance of the court for your uncontested Divorce, also known as Desk Order Divorce.
When can you apply for a Desk Order Divorce or Uncontested Divorce?
In an uncontested or desk order divorce, you do not have to appear before a judge to obtain your divorce. Since all other matters revolving around your divorce are either settled or are non-existent, the only relief sought from the court is that of a divorce. You can apply for a desk order divorce either jointly with your spouse or through a pre-existing settlement between you and your spouse.
Steps involved to obtain an Uncontested Divorce
Notice of Family Claim
You are required to file and serve your Notice of Family Claim in order to initiate any process to seek a divorce. After your spouse is served with the Notice of Family Claim, he or she has to file a response within 30 days. If they fail to file a response, you can then move ahead with your uncontested divorce.
Submitting forms for Desk Order Divorce
If your spouse does not respond to the Notice of Family Claim, you can then proceed to submit various forms and documents required for the next step. Following are the forms that are generally required for submission:
- Requisition (SCFR Form F35)
- Affidavit for desk order divorce (SCFR Form F38)
- Child Support Affidavit (SCFR Form F37)
- Certificate of Pleadings (SCFR Form F36)
- Requisition to Search (SCFR Form F17)
- Draft Final Order (SCFR Form F52)
- Copy of your separation agreement (if any)
Even though the process for obtaining a Desk Order Divorce seems straightforward, the process involves legal procedure and providing additional information by adding details into the forms mentioned above or using additional forms depending on your case/matrimonial situation. A number of applications are rejected for being incomplete or for using incorrect form or providing inadequate information. To avoid your application from being rejected, it is recommended that you hire a lawyer to prepare and submit your application.