Contested Divorce
A divorce may be initiated by filing a Notice of Family Claim with the registry of the Supreme Court of British Columbia. Although getting the divorce itself is usually not contested, the court often waits until the other issues are worked out before a divorce is granted. Other issues may include: a division of family assets, child & spousal support, custody, guardianship and access. In particular, the court must be satisfied that adequate child support provisions are in place before granting a divorce.
For a divorce to be granted: (1) there must be a legal marriage; (2) at least one of the parties has resided in BC for the past year (Divorce Act, s. 3); (3) there has been cruelty, or adultery, or you and your spouse have lived separate and apart for one year (which may still be under one roof). In practice, cruelty and adultery are rarely used as a basis for divorce, for it will likely take more than a year to prove cruelty or adultery. Therefore, the most common and easiest basis for divorce is to live separate and apart for one year. (4) lastly, the court must be satisfied that reasonable arrangements have been made for the support of any children of the marriage (Divorce Act, s. 11(b)).
Desk Order Divorce (Uncontested Divorce)
In cases where there are no other issues outstanding, a divorce may be granted without attending court. There is a fair amount of paperwork involved. A divorce lawyer may help you put the package together correctly. Other issues may include: a division of family assets, child & spousal support, custody, guardianship or access. We can assist you with a standard uncontested divorce, please see the legal fees section for prices. Please do not hesitate to contact us with any questions.