Family Lawyer Surrey – Understanding the process of divorce in Surrey, BC

Family Lawyer Surrey – Understanding the process of divorce in Surrey, BC

Family Lawyer Surrey – Understanding the process of divorce in Surrey, BC

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00:00 – Understanding the process of divorce in Surrey, BC
00:22 – Filing For Divorce:
00:42 – Serving Divorce Papers:
01:02 – If your spouse is evading service:
01:30 – Filing A Response:
01:46 – Applying For A Divorce Order:
02:00 – Attending A Divorce Hearing:
02:51 – Finalizing The Divorce:
03:21 – Family Lawyer Surrey

Family Lawyer Surrey – Understanding the process of divorce in Surrey, BC

Understanding the process of divorce in Surrey, BC
Divorce is a legal process in which a married couple dissolves their marriage. In Surrey, BC, specific steps need to be followed to get a divorce.

Filing For Divorce:
The first step in getting a divorce is to file for divorce. This can be done by going to the Supreme Court registry and filing a Notice of Family Claim. The information on a Notice of Family Claim tells the court that you want to get divorced and why. It can also ask the court to make orders about parenting, support, and property division.

The next step is to serve the Notice of Family Claim on your spouse. This means someone over the age of 19 (not you) must give your spouse a copy of the Notice of Family Claim and an affidavit of service. The affidavit of service is a document that proves that your spouse has been personally served with the Notice of Family Claim.

Serving Divorce Papers:
To obtain your divorce, your spouse must be served with the divorce papers. This can be done by having a trusted mutual friend deliver the documents to your spouse or by hiring a process server. If you have hired an attorney, they will be able to arrange for service of the papers.

If your spouse is evading service:
Sometimes a spouse will attempt to frustrate the divorce process by evading service. It is also common to confront difficulty serving papers when one spouse has returned to their country of origin, or lives a nomadic lifestyle.

Filing A Response:

Once your spouse has been served with the divorce papers, they will have 30 days to file a response. You can proceed with the divorce without their consent if they do not file a reply.

If your spouse files for divorce, you may agree or contest the divorce. If, after consulting with a family law lawyer, you decide to challenge the divorce, you will need to attend a hearing in front of a judge to determine whether or not the divorce will be granted.

Once the judge has decided, you must file the appropriate paperwork with the court. Once this is done, the divorce will be final, and you will be able to move on with your life.

Applying For A Divorce Order:
Once you have filed a response, you can apply for a divorce order. This can be done by using the court registry.

An affidavit must accompany the application from you and your spouse. The affidavit must state that you have been living apart for at least 12 months and that there is no reasonable likelihood of reconciling.

If the judge gives the divorce order, it will become effective one month after the date of the order.

Attending A Divorce Hearing:
Once your application has been processed, you will be required to attend a divorce hearing. At this hearing, the judge will decide whether to grant the divorce. If the judge gives the divorce, you must sign a divorce decree. This decree will be filed with the court, and you will be officially divorced.

If you have any questions about the divorce process or need help getting through your divorce, please contact our office. We are here to help you every step of the way.

Obtaining A divorce order:
The Supreme Court will grant your divorce if:
You (or your spouse) have lived in BC for a year or more
You show that your marriage has broken down
The court is satisfied that you have made reasonable arrangements for any children, including child support

Even if a couple agrees on the divorce, parenting arrangements, support, and division property, they still need the court to grant a divorce. In these situations, couples can apply jointly for their divorce. Filing jointly eliminates the need to serve the other party and allows the couple to apply for an uncontested (also called a desk-order) divorce together.

Finalizing The Divorce:
While you can apply to the court for a divorce at any time after you separate, the court will not grant a divorce until you have been separated for at least one year.
You must also have filed a parenting plan if you have minor children. The parenting plan should address parenting responsibilities (also known as custody), parenting time (also known as visitation), and child support.

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