How to file for a Desk Order Divorce
In British Columbia, you can apply for a Desk Order Divorce if you and your spouse have been separated for at least one year and you have reached an agreement on all issues related to your divorce, including division of property, child custody, and support.
Here are the steps to apply for a Desk Order Divorce in British Columbia:
Prepare your documents: You will need to complete the following documents
Form F35: Requisition
Form F31: Affidavit in Support of Desk Order Divorce
Form F38: Desk Order Divorce Order
Form F36: A certificate from the Registrar in that the pleadings and proceedings in the family law case are in order;
Form F37: Child Support Affidavit (if appropriate)
A draft copy of your Divorce Order
Proof that the case is an undefended family law case
File your documents: File your completed documents with the Supreme Court of British Columbia along with the applicable court fees.
Serve your spouse: Once you have filed your documents, you must serve a copy of your Divorce Order and Affidavit in Support of Desk Order Divorce on your spouse.
Wait for the court to review your documents: After you have filed and served your documents, the court will review them to ensure that they are complete and meet the requirements for a Desk Order Divorce.
Receive your Divorce Order: If the court approves your application for a Desk Order Divorce, you will receive a Divorce Order in the mail. The Divorce Order will be effective 31 days after it is made.
It's important to note that the process for applying for a Desk Order Divorce can be complex, and it's recommended that you seek the assistance of a qualified family lawyer to help guide you through the process and ensure that all of your documents are properly completed and filed with the court.