How long does an uncontested (desk order) divorce take in BC?
Once you have been separated for a year, an uncontested divorce in BC is handled on paper through the Supreme Court registry, with no court appearance. With a complete, correct file it typically takes four to six months from filing to the divorce order, and the divorce takes effect 31 days after the order is made.
The one-year separation
A divorce is granted for breakdown of the marriage, shown in almost every case by the spouses having lived separate and apart for at least one year by the time the divorce is decided. Adultery and cruelty are the other grounds, rarely used because they must be proved. Time apart starts when one spouse intends to live separately, even if both remain in the same home, and an attempt at reconciliation of up to 90 days in total does not restart the clock.
You can file before the year is up; the order simply cannot be made until it has passed.
What the court must check
Before granting any divorce the court must be satisfied that reasonable arrangements have been made for the support of the children, measured against the Child Support Guidelines, and that there is no collusion. If child support is not properly addressed, the divorce is held back until it is. This is the most common reason a desk order comes back from the registry.
The desk order
In an undefended case the application is made by requisition, with a draft order, proof the case is undefended, proof of service, the registrar's certificate that the pleadings are in order, an affidavit proving the marriage breakdown, a child support affidavit where there are children, and a statement of information for any Divorce Act relief. A judge or associate judge reviews the file without a hearing and can grant the order, ask for more evidence, or direct an attendance.
When the divorce takes effect
The divorce takes effect on the 31st day after the judgment granting it, unless the court orders an earlier date on the spouses' undertaking not to appeal. The registry then issues a certificate of divorce on request, which is the document you need to remarry.
How long it really takes
The year of separation is the floor. After filing, our experience is four to six months to the order where the paperwork is complete; a file that is rejected and refiled adds weeks each time. Property, support and parenting issues do not have to be finished before the divorce is granted, but child support must be in order.
The law
Each link opens the section itself on BC Laws or Justice Laws. Checked on November 9, 2026.
- Divorce Act, RSC 1985, c 3 (2nd Supp), s 8 — breakdown of marriage: one year's separation, adultery, cruelty; the 90-day reconciliation allowance
- Divorce Act, s 11 — the court's duty to check child support arrangements and collusion
- Divorce Act, s 12 — the divorce takes effect on the 31st day; the certificate of divorce
- Supreme Court Family Rules, BC Reg 169/2009, r 10-10 — final orders in undefended family law cases: the requisition and the forms
- Family Law Act, SBC 2011, c 25, s 3 — spouses may be separated while living in the same residence
People also ask
- Can we be separated while living in the same house?
- Yes. The Divorce Act counts time apart from the point one spouse intends to live separately, and BC's Family Law Act says plainly that spouses may be separated while still in the same residence. Keep evidence of the date: a message, a note, separate finances.
- Do I need a lawyer for a desk order divorce?
- No, but most rejections at the registry are paperwork errors, each of which costs weeks. We prepare uncontested divorces for a flat fee; see our legal fees page.
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General information about the law in British Columbia, not legal advice. Laws change and every situation differs; speak to a lawyer before acting on anything here.