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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-11-2014, 02:35 AM
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Default Uncontested Divorce

Been separated for over a year now. Want to file for divorce. We have a speration agreement in place. Was told to fill out a Divorce application and staples it to the separation agreement and Write on it See Attached and file it in court. everything has been divided and we have nothing to dispute
Where on line can I get that application? Do i go to Provincial Court or Supreme Court (BC) ?
Do my ex and I have to be both in court and file it together ?
Do we have to both sign before a justice person under oath?

I was thinking of either downloading on line or going in person the pick up the application, filling it out, having my ex sign and date and then I can go by myself and file it. Is this possible ?

Thanks
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Old 04-11-2014, 09:13 AM
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Family Law Rules Forms — Ontario Court Services

Use form 8A. Follow the directions on the form, follows the steps in this link, pay special attention to the rules around service and affidavit of service.

http://www.lsuc.on.ca/For-Lawyers/Manage-Your-Practice/Practice-Area/Family-Law/How-to-Prepare-an-Uncontested-Divorce-by-Simple-Application/

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Old 04-12-2014, 01:33 AM
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Thanks but I'm in BC
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Old 04-12-2014, 09:36 AM
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O.....k....so Google says you go here:

Court forms: Family Law in BC

Any of the forms available under the 'supreme court' heading you would file in supreme court. Anything under 'provincial court' you would file in provincial court.

I believe you would use form F38 and file in Supreme court. Follow the instructions on the forms and the website to complete and file the form correctly.
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Old 04-16-2014, 01:29 PM
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Thanks

FORM F38 Affidavit - desk order divorce
Are you filing or have you filed a certificate of marriage or a certified copy of the registration of marriage?

Does this mean that I have to attach a copy of the Certificate of marriage? I don't know how to answer that.

FORM F56 - Certificate of Divorce
When is this form filed and can i fill it out myself and have the court stamp it?
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