Best Uncontested Divorce Lawyers Tips are provided today by our tireless articled student, Jeremy Thomsen, of our Kelowna family law office. We can provide you the best uncontested divorce lawyers tips at any of our 6 offices in Vancouver, Surrey, Kelowna, Fort St John, and Richmond BC and Calgary.
Best Uncontested Divorce Lawyers Tips 1 877 602 9900
Not all family law matters require lengthy and expensive litigation. If you filed a Notice of Family Claim and:
- no response to your claim was filed;
- a response was filed but has been withdrawn or struck out;
- a response and a counterclaim were filed, but your claim and any response to counterclaim have been withdrawn, struck out, discontinued, or dismissed; or
- all claims other than divorce have been settled, the parties have filed a statement to that effect signed by the parties or their lawyers, and the claim for divorce is not contested,
it may qualify as an undefended matter. In this situation, you may be able to apply for what is commonly known as a “desk order” by following our best uncontested divorce lawyers tips and filing the following:
- a requisition in Form 35 setting out the order sought;
- a draft of the proposed order in the form required under SCFR 15-1(1);
- proof that the case is undefended (e.g. no response/counterclaim filed, or a signed statement by the parties or their lawyers);
- if necessary, proof of service of the Notice of Family Claim or Counterclaim under which judgment is sought;
- a certificate of pleadings in Form 36, certifying that the pleadings and proceedings are in order;
- a child support affidavit in Form 37, if appropriate (i.e. there is a claim for divorce and there is a child of the marriage, or the family law matter includes a claim for child support); and
- if a divorce is sought, an affidavit in Form 38 sworn by the party applying for the divorce.
Best Uncontested Divorce Lawyers Tips
The court registry staff will examine the materials you file. If there are any errors or omissions, the registry will issue a rejection notice and explain what needs to be corrected. Once everything is in order, the registrar will sign the certificate and the documents given to the judge who will review them in private chambers. Here is some free general information.
The court may make an order or grant judgment without the attendance of the lawyers of the applicant, direct the attendance of the lawyers or the applicant, or direct that further evidence be presented.
BC and Alberta Divorce
If you are asking for a divorce, additional material is required to ensure there are no duplicate filings across Canada and to ensure proper financial arrangements are in place for children. I high net worth divorces involving financial relief a divorce may be granted before the disputed financial issues are heard at a trial BUT you need to discuss the pros and cons of this with a top family lawyer.
The party who filed the Notice of Family Claim must file registration of divorce proceeding form together with the Notice of Family Claim. This form is then sent to the Central Divorce Registry in Ottawa to ensure that divorce proceedings have not already commenced in BC or another province. A divorce will not be granted until the registry has received confirmation that no other divorce proceedings have begun.
If there are children of the marriage, the court must see to it that reasonable arrangements have been made for the support of the children before a divorce is granted. The affidavit in Form 38 must set out the particulars of the arrangements made for the care and support of the children. The applicant must also swear and file an affidavit in Form 37, and, if the amount of child support differs from the Child Support Guidelines, must explain that difference.
When a claim for divorce is being made along with other claims, the court may grant the divorce and direct that the order for divorce alone be entered. The court may adjourn the other claims, or grant judgment concerning them and direct that a separate order be entered at a later time.
Unless the court otherwise orders, after the order is entered the party applying for the divorce must promptly serve a copy of that order on all other parties that have an address for service. If a party does not have an address for service, you can mail a copy of the order to the party’s last known address.
Call Our Family Lawyers Across BC and In Calgary, Alberta. 1 877 602 9900
If you require an uncontested divorce or desk order or have questions about Jeremy’s Best Uncontested Divorce Lawyers Tips, contact one of our experienced lawyers at MacLean Law today who would be pleased to assist you.