Divorce
Ending a marriage with clarity and dignity.
We handle both contested divorces — where property, support, and parenting are still in dispute — and uncontested (desk order) divorces where the paperwork just needs to be correct the first time.
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.
Grounds for 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 — it will likely take more than a year to prove either. The most common and easiest basis for divorce is to live separate and apart for one year. Finally, 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 (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 and a divorce lawyer can help you assemble the package 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, and don't hesitate to contact us with any questions.
Common questions
- How long does a divorce take in British Columbia?
- An uncontested desk order divorce, with a complete file, typically takes four to six months from filing. A contested divorce can take a year or longer depending on the issues.
- Do we need to be separated for a year before filing?
- The most common ground for divorce in Canada is one year of separation. You can file the application earlier, but the divorce order will not be granted until the year has passed.