Filing Simple and Joint Divorce
A British Columbia Uncontested Divorce is where the husband and the wife are in 100% agreement on each one of the significant issues. For you and your spouse to be in 100% agreement, you are going to have to talk amongst yourselves to get each one of the major issues resolved
If you and your spouse are able to agree on everything from the outset – how to raise your children, who will raise the children, and how you will divide your property between the two of you, among other things – then you are in the fortunate class of separating spouses with relatively tiny legal bills and children who have not borne the scars of warring parents and a court battle.
An uncontested divorce is faster, cheaper, and less emotionally draining on everybody involved than going to trial. Where there is no dispute between the divorcing spouses, an appearance in court is usually not needed, and the order for divorce can be obtained by way of desk order. Our Naked Divorce Filer can take care of the entire desk order divorce process from start to finish. From the initial collection of information to the final application for a desk order divorce. The paper work will ensure your legal rights are protected and will minimize the chances of the courthouse rejecting your application.
Here are our suggestions for making sure your divorce remains uncontested:
- Suggestion #1 – Do not surprise your spouse. If you are reading this article, then there is a high probability that you and your spouse are moving forward to a divorce. Before you call a divorce lawyer or us, talk about the divorce with your spouse first. By doing so, you will show respect toward your spouse’s feelings, and hopefully, you will cause the divorce process to flow smoothly.
- Suggestion #2 – Maintain excellent communication with your spouse. So long as you and your spouse can communicate with each other without yelling or using profane language, try to maintain an open channel of communication between the two of you. This is especially important when you and your spouse have children who are under the age of eighteen.
- Suggestion #3 – Keep the children out of it. This is especially true during the early stages of divorce when there is much uncertainty surrounding your children’s lives. During the early stages and throughout the whole divorce process, do your very hardest to shield the children from the uncertainty.
However, if you and your spouse disagree about one or more aspects of your separation, your application for divorce is a contested one. In contested divorce proceedings, retaining a lawyer is strongly recommended. Your lawyer can guide you through negotiations, minimize the time you spend in court, and maximize your chances of success.
While it is impossible to describe all aspects of a contested divorce on this website, family law disputes and contested divorce proceedings always involve arguments about which spouse will have control over children, possessions, or money. These arguments can be settled between the parties, using negotiation or mediation. If these options fail, then either party can have a judge decide the matter either on a temporary basis (generally, a short hearing resulting in a temporary order) or on a permanent basis (usually, involving a full trial resulting in final orders.)
However, simply because you and your spouse do not agree on everything does not mean that you will necessarily end up going to trial. In fact, the vast majority of family claims do not go to a full trial. If you and your spouse get part-way through the process of preparing for trial and then come to an agreement about all of your issues, it is always open to the two of you to avoid trial, and convert your proceeding to an uncontested divorce, at a fraction of the cost.
10 Reasons to finalize your uncontested divorce
Many people go through the process of Separating, but do not actually complete the Uncontested Divorce process. There are a number of reasons to finalize your divorce, but here are a few notable reasons that you may not have thought of:
1. YOU CANNOT REMARRY UNTIL YOU ARE LEGALLY DIVORCED
You may feel that you never, EVER want to remarry…but that is how you feel now. Should that desire to remarry ever change, a divorce takes time to finalize! Do you really want to be dealing with your Ex-spouse, hoping that your divorce moves forward without a hitch… all while trying to create a lasting relationship with the new love of your life?
2. YOU COULD BE RESPONSIBLE FOR YOUR EX’S DEBT
If a couple is separated but not divorced, their lives are still legally and financially intertwined. If your estranged Ex goes on a spending spree with shared credit, you could still be responsible for the ensuing debt and damage to your credit rating.
3. LOTTERY WINS ARE CONSIDERED MATRIMONIAL PROPERTY
Much to the dismay of many an estranged spouse who imagined that a lottery prize would be a ticket up easy street after a divorce, lottery winnings are marital property and subject to division and distribution. Courts have brushed aside all other arguments. Prizes won by married couples during a marriage are considered marital property, regardless of which spouse purchased the tickets.
4. YOUR EX HAS CLAIMS ON YOUR BENEFITS AND PENSION
For some this may be a good thing while for others, not so much. Divorcing may not remove an Ex’s claims on such, but if there are other dependent people involved in your life, the divorce should at least make such matters clear as to who has claims on what benefits.
5. THERE ARE TIME LIMITS ON CLAIMS YOU MAY MAKE
The person from whom you are separating may be very different from the person you are divorcing years later. Financial circumstances change, altering one’s financial status. As well there are statutes of limitations on any claims for support in most Canadian provinces.
6. BECAUSE “SEPARATED” IS STILL “MARRIED”
You may call yourself divorced. You may consider yourself single but… you are still married. Many dating services and websites require ‘proof of divorce’ before allowing new members to use their services. Expect this “detail” to put a damper on your dating life.
7. YOUR EX COULD ‘DISAPPEAR’
If your spouse moves and doesn’t tell you or they’re from a foreign country and they decide to return home, you may not be able to locate them later. We see such cases all the time. Judges often require you to hire a professional investigator to locate your spouse in order to facilitate the divorce. That cost is YOURS to bear!
8. YOU COULD BE HELD LIABLE IF YOUR SPOUSE IS EVER SUED
Is your spouse self-employed? Does he or she work in an industry that is at higher risk of being sued? Do they participate in high-risk extreme sports? Are they inclined to forget to shovel the ice from the driveway? As your legal spouse, there remains a chance that you could be named in a lawsuit against your Ex. Matrimonial assets are definitely not liability-safe.
9. YOUR EX MAY BE ALLOWED TO ‘UNPLUG’ YOU!
It’s not just matrimonial assets involved… Think of it this way: you are in the hospital in critical condition and important decisions need to be made about end-of-life care. Do you really want your ex spouse making those decisions for you?
10. YOUR EX COULD STILL MAKE CLAIMS ON YOUR ESTATE AFTER YOU DIE
In British Columbia, your Ex, even if you’re ‘separated,’ is still considered your legal spouse. Unless your divorce is made legally official, your Ex is entitled to a portion of your estate, leaving a mess for the loved ones you leave behind.