What happens if my spouse does not respond to a divorce claim in British Columbia?
This answer covers the law of British Columbia.
If your spouse was served and does not file a response within 30 days, you can generally apply to finish the divorce as an undefended case. Your spouse is then not entitled to notice of later court appearances, hearings, conferences or trial.
You apply by filing a requisition in Form F35. With it you file a draft order, proof the case is undefended, a registrar's certificate in Form F36 and the filing fee. Where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise, so a hearing is generally not needed. A desk order divorce also needs the Form F38 affidavit. Proof of service is made by filing an affidavit of personal service in Form F15.
Service must have been done properly first. If your spouse cannot be found after a diligent search, you can ask the court for substituted service. Even once granted, the divorce takes effect on the thirty-first day after the judgment is rendered. A lawyer can confirm the steps for your case.
Key takeaways
- A respondent has 30 days after being served to file a response to family claim (Form F4).
- A respondent who is served but files no response is not entitled to notice of later court appearances, hearings, conferences or trial.
- You apply for judgment by filing a requisition in Form F35, and in an undefended divorce the evidence may be given by affidavit unless the court orders otherwise.
- If your spouse cannot be found after a diligent search, the court can permit substituted service on application.