An uncontested divorce through a sole application means one spouse files for divorce independently, and the other does not dispute the terms. This process is suitable when both parties agree on key issues like property division, support, and parenting arrangements—but only one person is filing.
Here are the steps:
1.File the Notice of Family Claim
As the filing spouse, you must complete and file a Notice of Family Claim with the BC Supreme Court. This document outlines the terms of the divorce.
2.Serve the Documents to Your Spouse
You are legally required to serve the divorce documents to your spouse. Once served, your spouse has 30 days to file a response.
3.File an Affidavit of Service
After serving the documents, you must file an Affidavit of Service with the court to confirm your spouse received the paperwork.
4.Wait for the Response Period
If your spouse does not file a response within the 30-day period and agrees (or does not oppose) the terms, the divorce is considered uncontested.
5.Submit Additional Documentation
Prepare and file the remaining required documents, which may include:
- Your marriage certificate
- A separation agreement
- Any existing court orders related to your family matters
6.Apply for the Divorce Order
Once all documents are submitted and requirements are met, the court will review your application. If everything is in order, the judge will grant a Divorce Order.
