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how to fill out an affidavit of personal service for use in divorce proceedings in British Columbia in Canada you need a court order to get divorced to get a court order you have to start a lawsuit even if everybody agrees that they should get divorced to start a lawsuit the person who wants to get divorced the claimant pays a fee and files a special court form called a notice of family claim in court the notice of family claim must be personally served on the other spouse the respondent so that the court knows that they have been told all about the lawsuit the person who starts the lawsuit the claimant has to prove that the respondent was properly served with a notice of family claim and they do this by filing an affidavit of personal service that's prepared by the person who served the respondent with the notice of family claim the affidavit of personal service tells the court when and where the respondent was served with a notice of family claim and how the process server knew that the person that they served was the right person to be served an affidavit of personal service is a special court form provided by the court the form must be completed correctly or the court will not grant the divorce order as a result it's very important that the form is filled up correctly the claimant will send the following documents to the process server two copies of the notice of family claim one copy is to be served on and left with the respondent and the other copy is for the Process Servers affidavit of personal service they will also provide one blank copy of the affidavit of personal service which the process server will fill out and most but not all of the time they'll also provide a photograph of the other spouse and this is also for the Process Servers affidavit of personal service an affidavit of personal service is an affidavit just like any other but with some additional prescribed content the affidavit of personal service is used to give the evidence of the process server to the court instead of having come to court in person to give oral evidence as a witness lawyers notaries public and certain government and court officials can notarized affidavits and they do this by taking the person's oath that they are telling the truth and their affidavit by watching them sign the affidavit and by signing the affidavit and any exhibits themselves this is an example of a blank affidavit of personal service the information that needs to be provided by the process server is indicated in green this is what an affidavit of personal service looks like when it's filled out properly and the information that was provided by the process server is indicated in yellow and here is an example of two documents that are commonly attached to affidavits of personal service as exhibits on the left is the first page of a notice of family claim which is being attached as Exhibit A and on the right is a copy of a driver's license which is being attached as Exhibit B this is the beginning of the blank court form you'll see how in the blank form on the left-hand side of the page the process server has to provide the file number of the divorce case the town in which the divorce case was filed as well as the full legal name of the claimant and the full legal name of the respondent thankfully all this information is going to be provided on the notice of family claim that the claimant has provided to the process server and so here you'll see an example of a notice of family claim with the court file number stamped on it by the court registry we'll also see the name of the city in which the divorce case was filed as well as the full name of the claimant and the full name of the respondent what the process server has to do is to take this information copy it and write it in to the blank court form like you see here moving into the first couple of paragraphs of the affidavit you'll see from the blank form that the process server is required to provide their full name their occupation the street on which they live the town in which they live and the country in which they live and the first paragraph of the affidavit they have to state the date on which they served the respondent the time on which the respondent was served and the full name of the respondent which again will appear in the notice of family claim you'll also see that in this paragraph the notice of family claim needs to be attached to the affidavit as exhibit a and here is paragraph two and you will see that there are three different versions of paragraph two it will be up to the process server to pick the paragraph that best matches the circumstances under which the respondent was served in this example we are using the first paragraph to the process server checks the box beside the paragraph number and then completes the sentence I know the person served because and in this example we've said I know the person served because he is my uncle and I have known him all my life really the process server could known the respondent for any reason the respondent could be another family member the respondent could be a co-worker of the process server or a friend of the process server really what matters is the kind of relationship is the kind of relationship that will satisfy the court that the process server is very likely to know the respondent here is an example of paragraph 2 being completed just like the first paragraph 2 the process server checks the box and then completes the sentence in this case the process server says I know the person I served because we worked at the same jollibee restaurant in Kingdom for the first three months in 2009 this paragraph requires a photograph of they responded to be attached as an exhibit to the affidavit this is an example of the third paragraph to this paragraph 2 is used when the process server does not know the respondent and as a result the process server has to jump through a few more hoops in order to convince the court that the right person was served and you'll see that beneath the introductory sentence are two sub paragraphs ing to the court form the process server can can complete one or both of these paragraphs i recommend that the process server fill out both paragraphs in order to increase the likelihood that the court will accept the affidavit of personal service as proof that the right person was served with a notice of family claim just like the other two paragraph 2s the process server checks off the box beside the number they then have to describe how it is that they knew that the respondent was the right person to be served in this example we say that the process server saw the driver's license of the respondent but really it can be any other piece of government-issued photograph identification in the second subparagraph the respondent is attaching a photocopy of the government-issued photo ID as an exhibit to the affidavit this is the final part of all affidavits it's called the jurat it's where the person who is making the affidavit signs the affidavit and it's where the person who was notarizing the affidavit provides certain information about when and where the affidavit was notarized in this example the person who is completing the affidavit is Jose Erick Reyes they provide their full legal name and then sign their name next to that the person who is notarizing the affidavit provides certain information about exactly where the affidavit was notarized and the date on which they notarized the affidavit they then sign the affidavit and then below that provide information about the jurisdiction within which they're entitled to notarized affidavits below that the person notarizing the affidavit has to provide certain contact information so that they can be gotten ahold of in case there are any doubts about the notarization of the affidavit now this information can be provided by hand but most of the time people just provide their office stamp and in this example the attorney Angelo Garcia provides his full name as address and his telephone number this is an example of two exhibits that are commonly attached to affidavits of personal service you can see that each affidavit has a unique letter identifying it in this case the notice of family claim is Exhibit A and the photo copy of the driver's license is Exhibit B both exhibits are marked with the name of the person who's making the affidavit the place at which the affidavit was notarized and the date on which the affidavit was notarized the person note of notarizing the affidavit also signs the exhibit and then provides certain contact information in order that they can be contacted in case there are any doubts about the authenticity of the affidavit or the circumstances of its notarization and that is how you fill out an affidavit of personal service for use in divorce proceedings in British Columbia