What is a Sole Application for Divorce?
When all matters between the parties have been resolved we at M. J. O’Nions Lawyer & Mediator can do a Sole Application for Divorce, also known as a Desk Order Divorce or Uncontested Divorce whereby one party makes an application to B.C. Supreme Court for divorce. This is accomplished by a two step process where one party files a Notice of Family Claim with the court and serves it on the other. The second step is after waiting 30 days the party files an application for a divorce order.
What is the Sole Application for Divorce Process?
Step 1: One spouse, the “Claimant,” files a Notice of Family Claim and original marriage certificate with the BC Supreme Court registry.
Step 2: The Claimant then has the Notice of Family Claim served on the other spouse. If after 30 days there is no response from the other spouse and the parties have been separated for at least one year then the other forms are filed with the BC Supreme Court registry asking for a Divorce Order. After 31 days from the date the Divorce Order is granted and there is no appeal filed by the other party, the marriage is officially terminated.
What are the Advantages of a Sole Application for Divorce?
The advantages of a Sole Application for Divorce also known as a Desk Order Divorce or Uncontested Divorce are that participation of the other spouse is not required. Another advantage is that neither party has to appear in Court.
Should I apply for a Mutual Divorce or Joint Divorce?
If you and your spouse agree on the terms of your divorce, you may wish to apply for a joint divorce or mutual divorce. However, even in cases where there is mutual agreement between spouses on the divorce, we often find that it is more expedient and less costly to file a sole application for divorce. As a sole application for divorce does not require the participation of the other spouse, it allows one spouse to take the initiative for obtaining the divorce.
With a mutual divorce or joint divorce, the lawyer preparing the application would require that both parties obtain independent legal advice. This is a requirement due to the lawyer’s professional responsibilities to you as a client, which involves keeping certain information confidential and advancing your interests only. The added cost of independent legal advice will make the cost of a mutual divorce or joint divorce more expensive then a sole application for divorce. Read more about Mutual Divorce and Joint Divorce.
What are the Costs of a Sole Application for Divorce?
Our fee for a Sole Application for Divorce is $2,500 plus disbursements and applicable taxes. The disbursements include court fees in the amount of $290, $40 for a Divorce Certificate (optional), a process server fee for serving documents on the other party, and courier fees if required. We do not charge for photocopying, faxing, telephone long distance and secretarial services.
Why use M.J. O’Nions for my Sole Application for Divorce?
We have the expertise to help you in Family Mediation, Collaborative Law, drafting your Separation Agreement, and filing and preparing your Divorce Application. We will do this in a cost effective manner while providing high quality professional service. We understand how this is a very difficult time for you. We are here to help. Just give us a call at 604-449-7779 to schedule a consultation so we can be of assistance.
How do I start the Sole Application for Divorce Process?
Fill out the general intake form and a lawyer will call you within 24 hours to assist, or you can call us directly at 604-449-7779.
For more information, see our blogs on How to Divorce, How to File for Divorce, Getting a Divorce, and How to File for Separation in BC.