Grounds for Divorce in British Columbia

The Divorce Process in BC

If you’re in the process of getting a divorce in British Columbia, it’s important to understand all the requirements as well as your legal rights and responsibilities during the process.

Federal and provincial divorce laws set out some basic requirements, including:

• Proving that you and/or your spouse have/has been living in B.C. for at least a year.
• Providing evidence of a suitable reason for divorce.
• Having your divorce signed off by a judge before it is considered “final”.

While no two divorces are the same, there are some common factors to be aware of when you start preparing for life apart from your ex-spouse.

Here’s what you need to know…

What are the grounds for divorce in BC?

“Grounds” are legal reasons. In B.C., there is only one acceptable ground for divorce: a broken marriage.

To start the process successfully, you must be able to show that you meet this requirement in your divorce application to the Supreme Court. According to the federal Divorce Act, the following is how divorce applicants can establish the breakdown of a marriage:

Breakdown of a marriage is established only if

1. The spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or
2. The spouse against whom the divorce proceeding is brought has, since celebration of the marriage,
   • committed adultery, or(
   • treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.

Ultimately, then, to demonstrate grounds for divorce, you need to prove that you’ve been separated for one year OR that your spouse has committed adultery or treated you with cruelty.

No-fault vs fault divorces in BC

In a “no-fault” divorce, the parties accept that the marriage is broken beyond repair but no blame is apportioned. In fault divorces. one party attempts to prove the fault of the other party leading to the marriage breakdown.

No-fault divorces are by far the most common in British Columbia. They are less adversarial, time-consuming, and expensive. You simply need to establish the breakdown of a marriage by showing that you and your spouse have lived apart for at least one year.

Separation usually involves living in separate residences but if you can show that you keep separate finances, social circles, and sexual relations, you may even reside in the same home.

“Fault-based” divorces can be challenging to prove and are now quite rare in B.C. They use up precious court time and are generally discouraged because they tend to run up high legal costs. Fault divorces are also less likely to preserve relationships after the marriage breakup, which is particularly important to bear in mind when children are involved.

Contested and uncontested divorce in British Columbia

Divorces are often categorized as contested or uncontested in British Columbia.

Generally speaking, it’s best to start with the understanding that a divorce will be contested, i.e., have matters that you and your spouse will disagree on. This is quite normal.

Once these matters have been resolved successfully, the divorce can be considered uncontested and, consequently, pass through the court system in B.C. more efficiently.

Contested divorce

Contested divorces are where:

• The two spouses disagree on the need to pursue a divorce, or
• The two spouses disagree on the terms of separation, such as child custody, child support, property/debt division, spousal support, etc.

To obtain a contested divorce, the judge will need to be satisfied that there are sufficient grounds for divorce and that all matters regarding the terms of settlement have been resolved.

Sometimes, collaboration between lawyers, mediation, arbitration or litigation is required before a divorce can be granted.

Uncontested divorce

Uncontested divorces are where:

• Both spouses agree on the need to pursue a divorce, and
• Both spouses agree on all of the terms of separation.

Generally, with uncontested divorces, a separation agreement will be drafted by a divorce lawyer, signed by both parties and submitted to the B.C. court for review. Provided the document meets all requirements and is legally enforceable, there should be no hold-up to issuing the final divorce decree.

Uncontested divorces are generally quicker and involve less expense than contested divorces.

How to file for a divorce in BC

Provided you meet the residency requirement, you can file for a divorce at any time in B.C. but if you haven’t yet been separated for 12 months, you will need to wait the mandatory period for a no-fault divorce.

To prepare for a divorce in B.C., follow these steps:

• For uncontested divorces, settle all child support, custody, property and debt division matters and work with your lawyers to create a separation agreement.
• Complete and serve your spouse a Notice of Family Claim, which is the form required to apply for a divorce at the Supreme Court of British Columbia.
• You can then move to obtain your divorce from the Supreme Court.
• For a contested divorce, where a spouse fails to respond to the Notice of Family Claim, you’ll need to enter the court process to reach a settlement concerning property, custody, support, etc.
• In lengthy cases, you may be able to apply for interim orders to sort out urgent issues while the court process continues (it can take 6 to 15 months or even longer to finalize the divorce).

How long does it take to get a divorce in BC?

If you meet all of the requirements for divorce in B.C., have lived separately from each other for at least 12 months and filed the correct paperwork, and no contested issues are remaining, there should be nothing preventing you from receiving your divorce order from the Supreme Court in a matter of a few months.

If no appeal is filed, the divorce will be automatically finalized 31 days after the court order.

What am I entitled to in a divorce?

In any B.C. divorce, the division of the marital estate must be governed by the Family Law Act of British Columbia.

The law dictates that marital property must be divided equally between spouses during a divorce. This requirement applies to any property acquired during the marriage PLUS any increase in value of property that was brought into the marriage by either partner.

How much does it cost to get a divorce in BC?

The cost of a divorce in B.C. varies depending on the complexity of the case.

For a so-called “desk order” divorcethat you manage yourself (without any legal assistance), the only cost is the court filing fee of $290 to $330. If you require the assistance of a B.C. divorce lawyer, this will increase costs. Divorces that end up in a courtroom battle can cost tens of thousands of dollars.

DSG Family Law offers a free initial consultation to outline your legal options and provide a more personalized estimate of the cost of divorce. Speak with a divorce lawyer in Langley today.