How to File for Divorce in British Columbia: A Step-by-Step Guide

Filing for divorce can be a daunting process, filled with emotional and legal complexities. In British Columbia, the process follows the Divorce Act (federal legislation ) and the Family Law Act of BC (provincial legislation ). While the steps are generally consistent across Canada, BC has specific procedures for divorce applications, property division, and support.

Whether you're seeking a simple divorce or dealing with more complex issues like child custody, spousal support, or property division, this guide ensures you are well-prepared for every stage of the process.

Step 1: Confirm Eligibility for Divorce

Before filing for divorce, you must confirm that you meet BC’s legal requirements. The Divorce Act sets out specific criteria to ensure that couples only file when they are truly ready. These requirements include:

• Legal Marriage: You and your spouse must be legally married, either in Canada or in a country whose marriage laws are recognized in Canada. Proof of marriage, such as a marriage certificate, is typically required.

• Residency: At least one spouse must have lived in British Columbia for at least one year immediately before the application.

• Grounds for Divorce: Divorce is granted based on marriage breakdown, which can be proven through:

  • Living separate and apart for at least one year.

  • Adultery by your spouse.

  • Physical or mental cruelty, making continued cohabitation intolerable.

Key Case Law in BC

In Dedes v. Dedes, 2015 BCSC 1103, the BC Supreme Court held that a couple could be considered "separated" even if they continued to live in the same home, provided they had clearly established separate lives. This highlights the importance of documenting your separation date and demonstrating financial and social independence from your spouse.

Tip: If you are unsure whether you meet the eligibility criteria, consult with our family lawyers at Skyline Law  to review your situation. 

Step 2: Obtain the Appropriate Divorce Application Forms

Once eligibility is confirmed, your next step is to gather the necessary divorce forms. In British Columbia, these forms can be obtained from:

• BC Supreme Court websites (for contested and uncontested divorces).

• Local courthouses or family law information centers.

• Your family law lawyer.

The type of application you need depends on your circumstances:

• Uncontested Divorce (Desk Order Divorce): If both spouses agree on all matters.

• Contested Divorce: If there are disputes over custody, support, or property division.

Step 3: How to Fill Out a Divorce Application and Required Documents for Divorce

Accuracy is critical when completing your divorce application. Beyond the basic form, you may need to include supporting documents such as:

• Marriage Certificate: An original or certified copy to prove your marital status.

• Financial Statements: Required if you are requesting spousal support, child support, or property division.

• Parenting Plan: If children are involved, outline custody, visitation schedules, and shared responsibilities.

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Incomplete or inaccurate applications can lead to delays or legal challenges.

Step 4: File the Application with the Court

After completing your divorce application, file it with the BC Supreme Court in the city where you or your spouse live. 

The court will assign a file number and provide instructions on next steps, including serving your spouse with the documents.

To find your nearest BC Supreme Court, visit:https://www.bccourts.ca/supreme_court/ 

Step 5: Serve the Divorce Application to Your Spouse

Serving the divorce application to your spouse is a legal requirement in British Columbia. This ensures that your spouse is formally notified of the proceedings. There are two main methods of service:

• Personal Service: A third party (someone over 19 ) delivers the documents directly to your spouse.

• Substituted Service: If personal service is not possible, you may request the court’s permission to use alternative methods, such as email or mailing the documents.

Once served, you must file proof of service with the court, typically in the form of an affidavit.

Tip: Avoid serving the documents yourself, as this could lead to conflict. Hiring a professional process server can save time and reduce tension.

Step 6: Await Your Spouse's Response

After being served, your spouse has a specific period to respond:

• 30 Days: If they reside within Canada.

• 60 Days: If they reside outside Canada.

  
  

If your spouse does not respond within the timeframe, you may proceed with an uncontested divorce. However, if they contest the divorce or related issues, the case may go to court for resolution.

Step 7: Resolve Ancillary Matters

Before a court grants a divorce, all ancillary matters must be resolved, including:

• Parenting Arrangements: Must reflect the best interests of the child, as required under BC law.

• Spousal Support: Determined based on financial need and ability to pay.

• Property Division: Marital assets are divided equitably under BC’s Family Law Act.

Step 8: Obtain the Divorce Order

Once all issues are resolved, request a Divorce Order from the BC Supreme Court. Most divorces become final 31 days after the order is granted. After this waiting period, you can apply for a Certificate of Divorce, which serves as official proof of your divorce.

Step 9: Update Legal and Financial Documents

Divorce can impact several legal and financial arrangements. Be sure to update:

• Your will and beneficiaries on life insurance policies.

• Power of attorney documents.

• Financial accounts or joint obligations.

Final Thoughts

Filing for divorce in British Columbia involves clear legal steps that require organization and attention to detail. By following this guide, you can approach the process with greater confidence and understanding.

Need help filing for divorce in British Columbia? Contact Skyline Law today for personalized legal assistance tailored to your unique situation.