Divorce

Divorce can be emotionally challenging and legally complex. Specific procedures and requirements must be met to obtain a divorce order. Understanding these steps and timelines can help those going through a divorce make informed decisions about their future. Divorce is a separate issue from common concerns like property division, parenting, and support. Our family and divorce lawyers can assist with those issues as well.

Eligibility and Grounds for Divorce

To file for divorce in British Columbia, you or your spouse must have been a resident of British Columbia for at least one year immediately before you or your spouse files an application for divorce. Additionally, you must have grounds for divorce before the court will award the divorce. You must have been separated for a year or more or allege adultery or cruelty.

Applicants typically seek a divorce on the basis that they have been separated for a year or more. An application for divorce on the basis of adultery or cruelty requires additional evidence which may be contested and cause a great deal of conflict. The court does not need to know why the parties have been separated for a year or more, only that the parties have in fact been separated for a year or more. You can file for divorce before you have been separated for a year, but the court will not award the divorce on the basis that you have been separated for a year or more until that year has passed.

Filing for Divorce

To obtain a divorce, you must file a Notice of Family Claim with the Supreme Court of British Columbia. This document initiates the divorce process and includes information about both parties, any children involved, and the grounds for divorce.

Service and Response

The filed Notice of Family Claim must be personally served on your spouse through a third party. That spouse has 30 days (if served within Canada) or 60 days (if served outside Canada) to file a Response to Family Claim and Counterclaim if they wish to contest the divorce or file their own claims.

Finalizing the Divorce

If the recipient of the Notice of Family Claim does not file a Response or Counterclaim within the required period, the applicant may submit further documents to advise the court the required time period passed, and a divorce should be granted.

The court may grant the divorce order some weeks or months after all required documents have been filed. If the court finds all documents are in order, the court will grant the divorce. The divorce order will state the divorce takes effect 31 days after the date the order was made.

Family Lawyers in Victoria

While legal representation is not mandatory, it is advisable, especially if there are complex issues involved. Our experienced team of family law lawyers in Victoria are prepared to assist you.