Uncontested Divorce

Kelowna's Uncontested Divorce Lawyers

Obtaining an uncontested divorce in Kelowna BC does not have to be complicated. Family Law lawyer, Domenic Maio has solutions for spoues who are generally cooperative, meet the requirement of being separated for one-year, and desire to obtain a divorce.

Court Application Fee - $280.00 + optional $40.00

• Court fees totalling $320.00
  • $200.00 Application fee paid to the court;
  • $80.00 Filing Fee
  • $40.00 Certificate of Divorce Fee*
• Process Server Fee $80.00 to $200.00 - fees depend on number of attempted services and location. Service provided by third party company.

* Additional Cost for the Certificate of Divorce. A Certificate of Divorce is necessary if you plan to remarry.

Uncontested Divorce Process

On average the process takes 60 to 120 days, but depends on the particular courthouse where your application is processed.

1. Complete the Simple Divorce Intake Questionnaire
   Select your service:
   1. Divorce Application and Filing
      1. Maio Law will complete all necessary documents to complete a simple divorce only;
      2. Maio Law will meet with you or mail you the documents with instructions on how to complete the process – ML Divorce Kit 1 - $700.00 plus tax. and applicable court fees ($320.00);
      3. After reviewing the documents with you and obtaining your signature, Maio Law will file the documents for you;
   2. Divorce Application Document Completion
      1. Maio Law will complete all necessary documents to complete a simple divorce only – ML Divorce Kit 2 - $395.00 plus Tax and any applicable court fees;
      2. Maio Law will mail you the completed documents for your signature and you file the required documents with the local court;
      3. Once payment is received Maio Law will complete the documents and deliver them by standard mail or courier to the residence you provide;
2. You will be provided a link to make the required payment to complete your file; ​
3. Maio Law will draft the required documents to file a Simple Uncontested Divorce only;
4. For ML Kit 1 - Maio Law will prepare the required documents for "service" on your spouse
   1. Service by Regular Mail: Maio Law will mail your spouse the required document for their completion. They will return the signed Acknowledgement of Service form in the provided prepaid envelope to Maio Law's office. If your spouse does not cooperate, then personal service will be required at an additional cost.
   2. Maio Law will file the necessary Affidavit of Service with the court. Please note that this will be filed along with the Affidavit for Divorce and not immediately after service of the Application on your spouse;
5. Maio Law will prepare the Affidavit of Divorce for execution by you. This document must be signed in the presence of and by a commissioner of oaths (lawyer, notary, court clerks, justices of the peace, etc.) If you are close to a Maio Law office, assistance can be provided in the signing of this document. If it is not convenient to attend our office, then you can attend any courthouse or local government office to have this document executed.
6. For ML Kit 1 - Once Maio Law is in receipt of the signed Affidavit for Divorce, it will be filed along with an Order for Divorce to the court where your application was started.
   1. Your divorce is final 31 days after the Order is signed by a judge;
   2. On average it takes approximately 4-8 weeks to receive the Order after the Affidavit for Divorce is filed;
7. Divorce Certificate – If you require a Divorce Certificate ($40.00 filing fee cost) Maio Law can provide the necessary documents to the court. This document is not provided unless requested and cannot be obtained in advance.

Terms & Notices

Reference to Maio Law includes Domenic Maio, Maio Law Professional Corporation, affiliates, employees and or agents.

ML Divorce Kits are limited legal services only. By purchasing ML Divorce kits you understand that Maio Law is only providing the service of completing and filing forms required to obtain an ‘uncontested', ‘simple' or ‘joint' divorce in British Columbia, Canada. Maio Law highly recommends obtaining Independent Legal advice with respect to your legal rights.

The use of the terms: ‘uncontested', ‘simple' or ‘joint' divorce means and is in reference to the granting of a divorce only from a court of law and nothing else. With this service, you cannot make requests for Orders respecting: spousal or child support, division of property, equalization of net family property, matrimonial home, or child access and custody. Should there be a dispute between yourself and your spouse regarding any of the previous matters then this service is not appropriate for you and you should seek legal advice from a lawyer. You understand that by proceeding with a ‘simple divorce' you may be forfeiting and compromising any legal rights you have with respect to the previous matters mentioned.

You understand and confirm that ML Divorce Kits are limited legal services and DO NOT include any legal advice specific to your legal interests, rights and or responsibilities. Nor do ML Divorce Kits include representations with respect to any negotiations and or court appearances. You confirm and understand that Maio Law highly recommends obtaining legal advice on the implications of a Divorce Order prior to the purchasing of ML Divorce Kits.

You understand that all paperwork submitted to the court will be marked as "Self-Represented" with the address for service as provided by you. Should your address change during the course of the proceeding you are hereby advised to notify the court and all other interested parties of your change of address.

Should your spouse contest the divorce, or make a claim for divorce, you further confirm and understand that you will be representing yourself unless you obtain the services of a lawyer and that Maio Law is not your legal representative.

It is further adviseable to obtain and review publications by the Ministry of the Attorney General on Divorce which can be found by visiting here: https://www.attorneygeneral.jus.gov.on.ca/english/family/index.php.

The completion of the required documents and their filing do not constitute a statement, warranty, guarantee or otherwise that the court will accept your application for divorce. You further understand that processing times are the responsibility of the court and not Maio Law.

You understand the risks and implications associated with the using this website and submitting data on this site and through other forms of electronic communications. Maio Law will use all reasonable efforts to ensure the security of the information but cannot warrant such security, and is not liable for any damages which may arise as the result of interception, loss, theft or other action or difficulty. Nor is Maio Law responsible in any manner for direct, indirect, special or consequential damages caused during the use of the services provided.

Divorce Not Granted

Maio Law will be not be responsible should your divorce not granted, including but not limited to: (a) Service of the Application on your spouse cannot be completed; (b) The other party contests the Divorce or makes their own claim; (c) child support is not being paid in accordance with the Federal Child Support Guidelines; (d) you or your spouse make any court filing without using Maio Law in respect of such filing or motion; (e) Where your Application for Divorce is dismissed for any reason by the Court; (f) Where the Divorce Act or Family Law rules have implications on your Divorce Application; or (g) Where your Application has no action for a period longer than 425 days and the Application is dismissed by the court; (h) any other reasons;

Maio Law reserves the right to charge an additional $249.00 where rush applications have to be made do in part to your inaction on the file.

Legal Fees

You may cancel the purchase of ML Divorce Kits by providing notice by email to office@maiolaw.com. Your cancellation request must be received prior to Maio Law emailing you draft copies of the ‘documents'. The fees associated for ML Divorce Kits are for the drafting of the required forms and you are charged upon the completion of said forms. Drafting of the forms is based on the information submitted by you on our ‘intake' forms questionnaire. Costs associated with filing your Application, Affidavit of Service, Affidavit for Divorce, and service by regular mail on your spouse are included in ML Divorce Kits.

TAX

All fees, except the fees that the court charges, are subject to the 12% sale tax.

Court Fees

All court fees are separate and in additions to any fees of Maio Law. You understand and confirm that you are responsible for the court's mandatory fees, which total $320.00 unless such fees are otherwise waived. An additional fee of $40.00 is required to obtain a Divorce Certificate.

Child Support

If child support is not being paid in accordance with the Federal Child Support Guidelines, the court may not grant your divorce until it is. Where Child Support is in issue between the parties then this service may not be suitable for you. Maio Law fees do not include taking action to obtain the proper amount of child support, or providing information on what the proper amount of child support is. Information respecting child support can be obtained from the Ministry of the Attorney General.

Serving your spouse

ML Divorce Kit 1 includes service by mail on your spouse. After your Application for divorce is issued by the court, the other party must be served a copy. Your ML Divorce Kit 1 includes service by regular mail at the address provided by you during intake. This process is effected by providing your spouse with an Acknowledgment of Service document which is signed and sent back. If your spouse does not cooperate during this process then service must be effected by other means and additional charges will apply. Where your spouse does not cooperate, you will have the option to effect service yourself, or have Maio Law effect service at an additional cost to you. This cost will be communicated prior to proceeding.

ML Divorce Kit 2 does not include serving your spouse. You understand and confirm that you are responsible for serving your spouse the Application for Divorce.

Hague Convention Service:

If your spouse resides outside of Canada then additional services charges will apply. Please contact a Maio Law office prior to placing your order.

Contested Divorce

ML Divorce Kits are for simple, uncontested divorces only. Once served with the Application, your spouse will have 30 days to file a claim, if they choose to do so (60 days if served outside of Canada). If a claim is filed by the other party then Maio Law services are automatically terminated and you are hereby advised to seek the assistance of a legal representative. No monies will be refunded.

Commissioning of Affidavits

ML Divorce kits include the commissioning of certain documents. The commissioning of any documents must be done in person at a Maio Law location. If this cannot be arranged then you will have to have your document commissioned at your expense by a local authorized individual. Once the document is commissioned Maio Law will ask that you return it to a Maio Law office.

Missing Spouses

Where one party to the proceeding cannot be located, there are procedures to take to dispense with the need for service, or request an alternative to personal service. This service is not included in ML Divorce Kits and is at an additional cost. Please inform us in advance if you do not know the location of your spouse. Should a skip tracer be required to locate your spouse then you will be charged additional fees. This will be discussed in advanced prior to any such service.

Timing

From the Filing of your Application for Divorce to being issued a Divorce Certificate is approximately 60 to 120 days. However, no guarantees can be provided as there are a variety of steps out of the control of Maio Law. If you plan on remarrying, you are advised to leave ample time to complete this process.

Affidavit of Service/Supplemental Court Filings

The purchase of ML Divorce Kits 1 includes two (2) court filings only: filing of the Application for Divorce and filing the Affidavit for Divorce and ancillary documents. Once the Application for Divorce is filed with the appropriate court, it must be served on the other party. Once served on the other party, that spouse will have 30 days to contest the divorce or make a claim. To start the 30 day ‘clock' the court must be informed that service was effected. This is done by filing an Affidavit of Service. Thirty (30) days from the Date of Service, the other party can be prevented from contesting the divorce or making an additional claim. Once the 30-day period runs its course, the Affidavit for Divorce and ancillary documents can be filed for review by the court. If all the documents are in order, the court will sign the applicable documents to grant the Order for Divorce.

Should you wish to have an Affidavit of Service filed after service has been effected on your spouse, an additional cost of $100.00 will be necessary.

Should for any reason further court filings be necessary due in part to no fault of Maio Law, then you will be required to pay for the additional filings. In the event of this occurring, Maio Law will notify you and inform you of the additional costs. This can occur where the court rejects your application and a Maio Law agent has to revise and make changes and file your documents another day. The additional cost for filing ranges from $30 to $100.00.

Change of Address for Service

If you move while the divorce is still in process, you must "immediately serve notice of the change" of address on your spouse and file it with the court. You can either do this yourself (including filing the notice with the court) or pay Maio Law to do this for you (fee ranges from $50 to $75 depending on the court location).

Civil Marriage of Non-Residents Act

In Canada, only residents can obtain a Divorce. If neither spouse is a resident of Canada at the time the Application is commenced, you will not be able to obtain a divorce under the Divorce Act. It is possible to obtain a divorce under the Civil Marriage Act if both parties meet the following criteria: you were married in Canada and you cannot be divorced in the country where you or your spouse currently lives because that country does not recognize your marriage.

Maio Law will recommend contacting a legal representative from your home jurisdiction to determine the validity of your marriage in your local jurisdiction and the process for obtaining a recognized divorce.

Hague Service: Does your spouse live outside of Canada? Our fee does not include arranging Hague Service for you.

Communications by EMAIL

Virtually all communication between Domenic Maio and Maio Law Professional Corporation and you will be through e-mail. It is your responsibility to inform us of any changes to your email address and any changes to your phone and mailing address.

Termination and File Abandonment

Your file will be terminated or deemed abandoned or permanently closed in the following circumstances: Divorces not completed within 12 months after you open your file; a party making a claim in response to an Application; Failure to communicate with a Maio Law office for a period of time greater than 60 days; a breakdown in communication between the parties.

Copyright 2014 - 2020 – Domenic Maio, Barrister & Solicitor. All rights reserved.

The following terms and conditions are subject to change at any time and without notice.

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