divorce

[Sunshine]

Hello,
I am not clear about if I can get divorced or not.
I separated in 2001, got order with sole custody/guardianship for child of the marriage, reconciliated after 3 month and separated finally in 2003 with order which says order of 2001 is still in effect plus arrangements for spousal/child maintenance. 2006 consent order with more details on access for NCP. When can I get divorced? I can not afford a lawyer so I am using the selfhelp kits. I am in Canada BC. On the Supreme Court website they state there are two types of divorce 1. Joint action 2. Sole Action, where sole action splits in Undefended and Defended Divorce. It will be a sole action but which one fits to my case - undefended or defended? The consent order from 2006 is for review on May 1, 2006 which for sure will continue with further action from the other party (I believe). Can the divorce be done without going into detail with child issues. Or does it mean as long as there issues going back and forth I can not get divorced?
Thanks for your time.

[socrateaser]

>Hello,
>I am not clear about if I can get divorced or not.
>I separated in 2001, got order with sole custody/guardianship
>for child of the marriage, reconciliated after 3 month and
>separated finally in 2003 with order which says order of 2001
>is still in effect plus arrangements for spousal/child
>maintenance. 2006 consent order with more details on access
>for NCP. When can I get divorced? I can not afford a lawyer so
>I am using the selfhelp kits. I am in Canada BC. On the
>Supreme Court website they state there are two types of
>divorce 1. Joint action 2. Sole Action, where sole action
>splits in Undefended and Defended Divorce. It will be a sole
>action but which one fits to my case - undefended or defended?
>The consent order from 2006 is for review on May 1, 2006 which
>for sure will continue with further action from the other
>party (I believe). Can the divorce be done without going into
>detail with child issues. Or does it mean as long as there
>issues going back and forth I can not get divorced?
>Thanks for your time.

[Sunshine]

I (CP) in Canada BC separated in 2001, was awarded interim sole custody and interim guardianship for only child of the marriage and interim reasonable/generous access for NCP. Reconciliated after 3 month.
2003 separated again court order which says order of 2001 is still in effect and new order awarding interim spousal/child maintenance for CP .
2006 JCC consent order which states that there is no reasonable prospect of reconciliation between Plaintiff and Defendant and NCP shall have interim access on specified dates with access reviewd on May 1, 2006.

I am using Selfhelp Kit provided from Supreme Court BC. There are two types of divorce 1. Joint action 2. Sole Action, where sole action splits in Undefended and Defended Divorce. It will be a sole action.


1. Which one do I have to use - undefended or defended?

2. Is the application for divorce a separate case or will it involve child issues like access, change of interim custody/guardianship too?


Thanks for your time.

[socrateaser]

>1. Which one do I have to use - undefended or defended?

An undefended action is one in which your spouse will not appear or respond to any of your pleadings to the court. A defended action is one in which your spouse will appear and defend/respond.

>2. Is the application for divorce a separate case or will it
>involve child issues like access, change of interim
>custody/guardianship too?

It's up to you to make whatever case you wish. If you only raise the issue of divorce, then that's all the court will consider, unless your spouse appears and raises other issues.