An uncontested divorce means getting a simple divorce from the BC Supreme Court. you and your spouse settle all your matrimonial issues outside of the courtroom you can apply for an uncontested divorce. Only a judge can grant you a divorce. Therefore you need the BC Supreme Court’s assistance for your Desk Order or uncontested Divorce.
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. It can happen in two situations:
- You apply for divorce and other Orders based on your settlement with your spouse and 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 because it complicates the matters and courts are hesitant to grant a joint divorce due to conflict of interest issues.
You will have to fill out multiple forms and if you make a single mistake, your Application for a BC Desk Order Divorce will be rejected.
The forms you will have to prepare include but are 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
Consult with our experienced Pax Law Family Lawyers at all stages of your case to ensure you obtain what you deserve. Sometimes saving on trial costs can cost you more in losing assets/custody because you didn’t know what to plead/argue or prove/show to the judge.