If you and your spouse are lucky enough to settle all your matrimonial issues outside of the courtroom, you can apply for what is called an uncontested divorce or simple divorce, meaning that the only remaining issue is to have the marriage dissolved from the BC Supreme Court. Only a judge can grant you a divorce, therefore, you will need the BC Supreme Court’s assistance for your Desk Order or uncontested Divorce.
What is a Desk Order Divorce or an Uncontested Divorce in BC?
The desk order divorce is the process by which you can avoid having to appear before a judge to obtain your divorce. It requires that all marital issues are resolved or settled, and the only relief applied for is a simple divorce. Below are two situations where this can happen:
- You apply for divorce and other orders based on your settlement with your spouse, where your spouse does not provide a Response to your Notice of Family Claim;
- You and your spouse jointly apply for an uncontested divorce;
The first option is mostly used to obtain an uncontested divorce. The second option is rarely used by lawyers, as it complicates the matters whereby courts are hesitant to grant a joint divorce due to any conflict of interest issues.
What you Need to Do to Obtain an Uncontested Divorce?
This is a two step process which is summarized below or you can refer to our post which includes an in-depth guide on how to complete an uncontested divorce application in Vancouver, BC.
Stage One of Filing a BC Desk Order Divorce
File your BC notice of family claim and serve it to your spouse. Your spouse will have 30 days from the date it was served to respond to your claim. If your spouse does not respond within 30 days, you can move ahead to the second stage. In most cases, you should ask your spouse not to provide a response. If he or she does respond, your BC desk order divorce application will be rejected.
Stage two of a BC Desk Order Divorce
Following the 30 day period, if no response is filed or served to you, you can then move to the next stage. This is where things can get complicated. You will need to fill out multiple forms and if the forms are not filled in correctly, even a single mistake will result in your application for a BC desk order divorce to be rejected.
Forms Required for a Desk Order Divorce in Vancouver, BC
Below are some of forms that will need to prepared, including but not limited to:
- Divorce Affidavit
- Child Support Affidavit
- Certificate of Registrar
- Registrar’s Certificate of Pleadings
- Draft Desk Order Divorce
- Requisition to Search
- A copy of your separation agreement
- Fees payable
It is reported that over 90% of BC Desk Order Divorce Applications are rejected by the Courts due to incompleteness, lack of proper legal procedure, lack of proper wording, etc.
For residents of Vancouver and BC who are looking to file for a desk order divorce, we always recommend that you hire a lawyer to prepare your application on your behalf.
Cost of Uncontested Divorce in Vancouver, BC
Our fees are as follows:
- Uncontested divorce with no Children: $2000 plus taxes and disbursements.
- Uncontested divorce with children: $2500 plus taxes and disbursements.
Get Professional Legal Advice from a Divorce Lawyer in Vancouver
YLaw Group provides solid, strategic advice for all aspects of your divorce. Consult with our award-winning legal team for advice and guidance. Call 604-974-9529 or get in touch with us today.