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Lecture 13

LEGL 280 Lecture 13: Desk Divorces
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by OneClass1565371 , Spring 2018
3 Pages
37 Views
Spring 2018

Department
Legal Studies
Course Code
LEGL-280
Professor
Jacqueline Devlin
Lecture
13

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Desk Divorces
Process
Set out in Rules of Court
Parties will have agreed to corollary relief (unless already applied to
sever it from divorce)
May have settled matrimonial property. If so also will execute Minutes
of Settlement
Can get desk divorce and continue litigating Matrimonial Property
Steps to Take
1. Order marriage cert - vital statistics or overseas
2. If children, parenting after separation course
3. Prepare and file a statement of claim for divorce $260 ($250 filing
fee and $10 divorce fee)
4. Serve statement of claim personally - photograph of respondent
5. If no response, 20 days in AB 1 month elsewhere in Canada,
proceed to desk divorce
6. Prepare Form 14 to Note in Default, file at the same time as all
other docs
7. Affidavit of applicant, request for divorce, divorce judgment.
Make sure names are same as marriage cert. If marriage cert
wrong, then put in clause indicating parties are the same as those
on marriage cert. If Statement of Claim is wrong and marriage cert
is right, then lawyer will have to bring application to amend style
of cause.
8. File docs - letter to divorce clerk, request for divorce (2), form 14
(2), Affidavit of Service (original and 1), affidavit of applicant - 2
exhibits (min of settlement) - marriage cert, agreement, divorce
judgment (5) or divorce judgment and corollary relief order,
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Description
Desk Divorces Process Set out in Rules of Court Parties will have agreed to corollary relief (unless already applied to sever it from divorce) May have settled matrimonial property. If so also will execute Minutes of Settlement Can get desk divorce and continue litigating Matrimonial Property Steps to Take 1. Order marriage cert vital statistics or overseas 2. If children, parenting after separation course 3. Prepare and file a statement of claim for divorce 260 (250 filing fee and 10 divorce fee) 4. Serve statement of claim personally photograph of respondent 5. If no response, 20 days in AB 1 month elsewhere in Canada, proceed to desk divorce 6. Prepare Form 14 to Note in Default, file at the same time as all other docs 7. Affidavit of applicant, request for divorce, divorce judgment. Make sure names are same as marriage cert. If marriage cert wrong, then put in clause indicating parties are the same as those on marriage cert. If Statement of Claim is wrong and marriage cert is right, then lawyer will have to bring application to amend style of cause. 8. File docs letter to divorce clerk, request for divorce (2), form 14 (2), Affidavit of Service (original and 1), affidavit of applicant 2 exhibits (min of settlement) marriage cert, agreement, divorce judgment (5) or divorce judgment and corollary relief order,
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