Steps to Be Taken When Applying for A Divorce in BC
The only admissible ground to begin divorce proceedings is a marriage breakdown as specified by the Divorce Act of Canada. And for a marriage to have broken down it must meet the following conditions; the estranged couple have lived separately under the firm belief that their marriage has indeed come to an end.; your spouse had sexual intercourse with another individual; you underwent mental/physical cruelty at the hands of your spouse. If any of the above situations are relevant to you, you can initiate proceedings for a divorce in BC.
The couple in question must have been living within the state of British Columbia for a period of not less than 12 months before going for a divorce. They are also required to reside in the province all through the divorce proceedings. They should be in agreement as to the questions like support/custody of children if any, partition of family assets, spousal support so on and so forth. In case they have failed to do this, then the wise thing is to seek legal help to sort out the problem before getting a divorce in BC.
As is elsewhere in Canada, divorce in BC is of two kinds. Firstly, there is the Joint Action Divorce in which you request the court for a divorce order jointly. In such a case it is necessary for both of you to be agreement with all aspects of the divorce. Secondly, there is the Sole Action Divorce which in turn can be Defended Divorce or Undefended Divorce. If it is undefended it means you asked your spouse for a divorce and he/she agrees to it in every way. In the defended divorce, you ask your spouse for a divorce but he/she disagrees with the terms of divorce or the divorce action altogether. You should seek your divorce in the city or county where either you or your spouse happens to reside.
It is necessary for you to apply for divorce Lawyers sc in the county or city where one of the spouses is a resident. There are some steps to be taken care of to initiate the divorce process. At first the writ or summons should be duly filled and submit it along with your marriage certificate and the statement of claim. You have to then complete a Registration of Divorce Proceedings after obtaining the same from the court. Your divorce proceedings are truly on after paying the registry filling fee. When these steps are complete, it is necessary for you to serve your divorce papers on your spouse. However don’t do it yourself.
In an undefended divorce, you can get a divorce order without appearing in court. But you need to file a few additional documents with the Supreme Court Registry. You have to pay a fee for the application. If you don’t understand any part of the material it is better to seek legal help. Time for processing your divorce papers for a divorce in BC depends on the complexity of the case. This may take up to 5 months. If the court determines you deserve a divorce, a divorce order will be granted to you.
To get a divorce in BC, it is necessary to pay the prescribed fees to apply for the divorce order. Additional fees are also necessary to swear every affidavit, certificate of divorce or certified divorce order. A fee is necessary if you want to change your name once the divorce is granted. All such fees are over and above the cost of forms, lawyer’s fees and process server’s fees. You can pay these fees with a credit/debit card, money order or by a cashier’s check.