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Court Document Preparation

Your Road to Resolution Ends Here

In the majority of divorce cases in British Columbia, the most challenging and emotionally draining part of the process is coming to a mutual agreement on all issues surrounding the divorce, from division of assets and debts, to child custody agreements, spousal support and child support payments.

Once agreement between the parties has been reached (whether through mediation or independently) it must be legally documented. The concluding stage of the divorce process is then to file all the paperwork with the courts. It is important to ensure all the correct forms are filled out and that the paperwork is completed correctly in order to make the divorce legal and final.

A “desk divorce” offers a streamlined and cost-effective way for couples to obtain a divorce in BC when both parties are in agreement. However, it’s essential to ensure that all legal requirements are met and that the divorce terms are fair and legally enforceable. Easy Way Divorce plays a crucial role in helping spouses navigate the uncontested divorce process in BC, providing practical assistance with court paperwork and ensuring a smooth termination of the marriage.

What is an Uncontested or “Desk Divorce”?

Sometimes referred to as a “desk divorce”, an uncontested divorce simply means that most of the paperwork is handled through administrative procedures or mediation rather than through court appearances. Once all the issues of the divorce have been agreed upon the correct paperwork must be filed with the courts.

At Easy Way Divorce, we can explain the legal process of divorce in BC, and assist with the preparation and filing of court paperwork in several ways:

Ensuring Eligibility for an Uncontested Divorce
01
To qualify for a simplified divorce in BC, couples must meet certain criteria, such as having been separated for at least one year before applying for a divorce, as per the Divorce Act of Canada, and agreeing on all issues related to the divorce. This may have been achieved independently or through mediation. We will ensure that all the critical issues have been resolved.
Preparing Court Forms
02
We will ensure the required court forms are completed accurately and comprehensively. This may include forms related to the divorce itself, as well as forms for child custody, child support, spousal support and financial and property division. By ensuring that the paperwork is completed correctly, we help minimize the risk of delays or complications in the divorce process.
Application
03
The process typically begins with one spouse (the petitioner) filing an Application for Divorce at the Supreme Court of British Columbia. This application outlines details about the marriage, separation, and any agreements reached between the spouses. Before submitting court paperwork, we will review the documents to ensure that they are complete and accurate. This helps avoid potential issues or misunderstandings that could arise during the court proceedings.
Service
04
The filed application must be served to the other spouse (the respondent) either personally or through a process server. The respondent then has an opportunity to respond within a specified timeframe (usually 30 days). If the respondent agrees to the divorce terms, they may file a Response to Family Claim indicating their consent and the simplified divorce process can proceed.
Sworn Affidavits
05
Both spouses must complete and file sworn affidavits confirming their agreement to the divorce and its terms.
Divorce Order is Granted
06
Once the court reviews the application and supporting documents and is satisfied that all legal requirements are met, it will issue a divorce order. This formalizes the divorce and legally dissolves the marriage.

A “desk divorce” offers a streamlined and cost-effective way for couples to obtain a divorce when both parties are in agreement. However, it's essential to ensure that all legal requirements are met and that the divorce terms are fair and legally enforceable. Easy Way Divorce plays a crucial role in helping spouses navigate the uncontested divorce process in BC, providing practical assistance with court paperwork and ensuring a smooth termination of the marriage.

Ready to
Learn More?

If you’re ready to take the next step toward an easier divorce or legal separation in British Columbia and move forward with your life, we’re here to help. Contact us today to schedule an online consultation call and discover how divorce mediation can pave the way for a brighter future for you and your family.

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