When it comes to serving divorce papers in an more efficient choice compared to contested divorce proceedings , you’ll need to navigate a specific process to ensure everything is done correctly. You’ll need to prepare the necessary documents, choose the right person to serve your spouse, and make sure they understand the process. But that’s just the beginning. You’ll also need to effect personal service, which can be a bit tricky. If you’re not careful, you could end up making costly mistakes that delay your divorce. So, what’s the best way to get it right?
Understanding the Service Rules
Clarity is key when serving divorce papers, and understanding the service rules is crucial to getting it right.
You’ll need to ensure you’re serving the right documents to the right person, at the right time.
In British Columbia, you’ll need to serve a Notice of Family Claim, a document that outlines your claims and the relief you’re seeking.
You’ll need to serve this document on your spouse, and they’ll have a certain amount of time to respond.
If they don’t respond, you can proceed with your divorce application.
It’s essential to keep records of when and how you served the documents, as you’ll need to provide this information to the court.
You should also get someone to witness you serving the documents, to avoid any disputes later on.
Choosing the Right Server
Now that you’ve got the right documents and have followed the correct procedures for serving them, you need to think about who’s going to do the actual serving.
This person is responsible for delivering the papers to your spouse, and it’s crucial you choose someone suitable for the task.
You can’t serve the papers personally, as it’s a conflict of interest.
You also can’t ask your spouse to serve themselves, as it defeats the purpose of the entire process.
Your best option is to hire a professional process server who’s familiar with the rules and regulations in BC.
They’ll know how to handle the documents correctly, fill out the necessary paperwork, and provide you with proof of service.
Alternatively, you can ask a friend or family member who’s 19 or older and not involved in the divorce to serve the papers.
However, make sure they understand the process and are comfortable with the task.
Preparing the Documents
As you begin the process of serving divorce papers, you’ll need to ensure that all necessary documents are prepared and in order.
This includes the Notice of Family Claim, which outlines the reasons for the divorce and the relief you’re seeking.
You’ll also need to prepare a Requisition, which is a formal request for the court to grant you the divorce.
Additionally, you may need to prepare other supporting documents, such as a separation agreement or a draft order.
Make sure all documents are complete, accurate, and signed.
It’s essential to review the documents carefully to ensure they’re correct and complete, as any errors or omissions can delay the divorce process.
You’re responsible for ensuring the documents are in order, so take the time to review them carefully before proceeding with serving the divorce papers.
Effecting Personal Service
With your documents prepared and in order, you’re ready to take the next step: effecting personal service.
This means having the divorce documents personally handed to your spouse.
You can’t serve the documents yourself, so you’ll need to find someone else to do it.
You can ask a friend or relative, but they must be at least 19 years old and not involved in the divorce proceedings.
You can also hire a professional process server.
Whoever you choose, make sure they understand the importance of serving them correctly.
If your spouse is avoiding service, you may need to get creative.
You can try serving them at their workplace, or at a time when you know they’ll be home.
Remember to provide the server with multiple copies of the documents, as they’ll need to leave a copy with them.
Filing Proof of Service
Your server’s job isn’t done until they’ve completed a Proof of Service, a document detailing the time, date, and identity of the person served.
This document is crucial in an uncontested divorce in BC, as it confirms that the respondent received the divorce papers.
You’ll need to fill out Form 11, the “Affidavit of Personal Service,” which is usually attached to the Proof of Service.
Be sure to sign the document in front of a lawyer or notary public.
You’ll need to file the original Proof of Service with the registry where you filed your divorce application.
Keep a copy for your records, as you’ll need to provide it when you’re ready to move forward with your divorce application.
Conclusion
You’ve completed the necessary steps to serve divorce papers for an uncontested divorce in BC.
