How to File for a Desk Order Divorce in British Columbia Without a Lawyer

SiLaw Group Family Lawyers & Mediation provides a step-by-step guide on how to file for a desk order divorce in British Columbia without a lawyer. A desk order divorce is an uncontested divorce where both parties agree on all terms, including parenting, child support, and property division.

We understand that divorce can be costly.

Obtaining a Divorce can seem like it's expensive.

A desk order divorce allows you to obtain a divorce in British Columbia without appearing in court. This process is also known as an uncontested or undefended divorce. It is suitable for those who have resolved all issues related to their separation, such as parenting arrangements, child support, and property division. If you and your spouse agree on everything, you can file the necessary documents. A judge will review them and issue a final divorce order.

Eligibility for a Desk Order Divorce

Before starting the process, ensure you qualify for a desk order divorce in BC. You are eligible if:

• You or your spouse has lived in British Columbia for at least one year immediately before filing the application.

• You and your spouse have been separated for at least one year. This is the most common ground for divorce in Canada. Even if you lived in the same home during this period, you can still be considered separated if you were living separate lives.

• You have a signed separation agreement or other court orders that address all family law issues, particularly child support and parenting arrangements if you have children.

  
  

The desk order process is strictly for uncontested cases. If your spouse disagrees with any part of the divorce, it becomes contested, and you will need to follow a different legal path.

Step-by-Step Guide to Filing Your Own Desk Order Divorce

This guide outlines the general process for a sole application, where one person files for divorce independently.

Step 1: Gather Your Documents

Prepare all necessary documents. Without these, your application will be rejected. You'll need:

• Your original marriage certificate or a certified true copy. If it's not in English, you'll need a certified translation and an Affidavit of Translation.

• A copy of your separation agreement or any court orders you have.

• Information about your spouse's income and your income if you have children, for the child support affidavit.

  
  

Step 2: File Your Initial Court Forms

The first stage is to officially start your divorce case with the court. You will need to prepare and file these forms:

1. Notice of Family Claim (Form F3): This is the main document that initiates the court case. It outlines the details of your marriage, separation, and what you are asking the court for.

2. Registration of Divorce Proceedings: This form is required for all divorces in Canada.

   
   

You can file these documents at a BC Supreme Court registry or through Court Services Online. There are filing fees, but they may be waived if you've already filed your separation agreement with the court.

Step 3: Serve the Documents on Your Spouse

Once your documents are filed, you must formally serve your spouse with a copy of the Notice of Family Claim. You cannot do this yourself. It must be done by a third party, such as a friend, family member (who is an adult), or a professional process server. The person who serves your spouse must then complete an Affidavit of Personal Service (Form F15), which proves that the documents were delivered.

Step 4: Wait for the Response Period to End

After your spouse is served, you must wait 30 days for them to file a Response to Family Claim. If they do not respond within this period, your case is officially considered uncontested, and you can move on to the next step. If they respond and contest the divorce, the desk order process is no longer an option.

Step 5: Complete and File the Final Divorce Application

Once the 30-day waiting period has passed, you can complete and file the final set of forms to apply for the divorce order itself. This is often where mistakes happen, so be very careful.

The forms you'll need include:

1. Requisition (Form F35): A request to the court for a specific action, in this case, a desk order divorce.

2. Affidavit – Desk Order Divorce (Form F38): This is the most important document. It's a sworn statement that confirms all the facts of your case, including the breakdown of the marriage, the separation date, and that there's no chance of reconciliation.

3. Child Support Affidavit (Form F37): This is only needed if you have children. It details the financial arrangements made for them.

4. Certificate of Pleadings (Form F36): A form certifying that your spouse has not filed a response.

5. Draft Final Order (Form F52): This is the actual divorce order that you're asking the judge to sign.

   
   

Step 6: Wait for the Judge's Decision

After you file the final forms and pay the fee, the court staff will review everything to ensure it's complete and correct. If there are any issues, they will send the documents back to you to fix. If all forms are in order, the file is sent to a judge for review. If the judge is satisfied with your application and all arrangements, they will sign the Final Order, and your divorce is granted.

The divorce becomes final 31 days after the order is signed. At that point, you can apply for a Divorce Certificate.

Why You Should Consider Legal Advice

While this process is designed for self-represented litigants, it's easy to make a mistake. A single error can lead to your application being rejected, causing delays and additional costs. Many find it beneficial to consult with a lawyer to ensure their forms are filled out correctly.

Call one of our experienced lawyers at SiLaw Group Family Lawyers based out of South Surrey, British Columbia, to help you navigate this complex process. Book Now to speak with a lawyer as early as today.

Conclusion

Navigating a desk order divorce in British Columbia can seem overwhelming. However, with the right information and preparation, you can manage the process smoothly. Remember, we are here to help you every step of the way. Whether you choose to go it alone or seek legal assistance, understanding the steps involved is crucial. We encourage you to take the time to gather your documents, understand the eligibility requirements, and follow the outlined steps carefully.