How to Get an Uncontested Divorce in BC

Despite movie portrayals of high-conflict divorces ending in fierce court battles, this is rarely the case in British Columbia.

Many divorces are uncontested, while others involving collaboration between lawyers or mediation settle well before a trial becomes necessary.

As long as one spouse has resided in B.C. for at least one year and the court is satisfied that all the main matters have been settled according to B.C. law, couples may proceed with an uncontested divorce, which has several benefits over a contested divorce.

Let us look closer at what uncontested divorces entail and how they usually progress.

What is an uncontested divorce in BC?

In British Columbia, an uncontested divorce is a legal process where both parties mutually agree on all the divorce terms. This limits the involvement of the courts in the process, though all divorces require a judge to sign a divorce decree before they are finalized.

For a divorce to proceed as uncontested, couples must generally be on good enough terms to communicate, negotiate, and settle the most important matters, such as:

• Parental responsibilities: Who is responsible for the care and upbringing of the children, and who will make major decisions concerning their lives?
• Parenting time: Where will the children live and how will the other parent arrange regular and ongoing contact with them?
• Child support: How much will the primary custodial parent receive in child support from the other parent?
• Spousal support: Will the lower-earning spouse claim spousal support from the higher-earning spouse?
• Marital property division: How will the couple arrange a fair distribution of the marital estate?

Benefits of an uncontested divorce

There are several benefits if a divorce is uncontested:

• Quicker—uncontested divorces generally progress with fewer delays through the court system in B.C.
• Less expensive—because less legal intervention and court time are required, uncontested divorces usually involve lower costs.
• Less stressful—if spouses can agree on outcomes without conflict or attending mediation sessions or court hearings, it is usually easier on the stress levels.

Who is eligible for an uncontested divorce?

Any married couple can potentially get an uncontested divorce but there are certain legal requirements to meet before applying. These are:

• The residency requirement: At least one spouse must be a resident of B.C. for a minimum of one year before the divorce application is filed.
• Legal grounds for divorce: An uncontested divorce is granted on the basis of an irretrievable breakdown of the marriage, proven by living separate and apart for at least one year.
• Suitable arrangements for dependent children: The court must be satisfied that reasonable arrangements for the care and support of any dependent children have been made by the parents.

Additionally, the court will need to see evidence that property division and spousal support matters have been settled before granting an uncontested divorce.

One of the main reasons for refusing to grant an uncontested divorce is that there are still outstanding matters to settle, especially relating to the care and support of dependent children.

What is the uncontested divorce process in BC?

Couples in B.C. can apply for an uncontested divorce before they have lived apart for one year but the divorce cannot be granted by a judge before one year of separation has elapsed.

Because it is a legal process, every divorce must pass through the B.C. court system before being finalized. This requires the paperwork and supporting evidence to be reviewed by a judge.

Filing for an uncontested divorce

A B.C. divorce begins when a Notice of Family Claim form is filed at the Supreme Court registry. The form outlines the claims made by the party filing for divorce and includes details about the marriage, the grounds for divorce, and the main issues, such as parental responsibilities, parenting time, property division, etc.

Other forms are required, depending on the circumstances. An Affidavit – Desk Order Divorce and Child Support Affidavit forms may need to be completed and filed at the Supreme Court registry. These are sworn statements to support the details outlined in the Notice of Family Claim and a child support agreement.

Serving and filing divorce papers

Once the proceedings have started, all relevant divorce papers must be “served” to your spouse. This means that copies of the documents must be delivered to your spouse by someone else (usually a process server or friend over the age of 19), so that he/she is aware of the action taken.

Proof of service is required, any required fees must be paid, and an Affidavit of Personal Service must be filed with the other documents.

Mandatory waiting period

Once the necessary papers have been filed and served, a mandatory waiting period of 31 days starts. This period allows the other spouse time to respond or object to the contents of the Notice of Family Claim.

If no response is submitted to the court, the divorce can proceed as uncontested. However, the divorce is not automatically granted at the end of the waiting period. The claimant must first request the divorce order from the court.

Finalization of the divorce order

The last step in an uncontested divorce is when the divorce order is finalized by a judge, in accordance with the request from the claimant spouse.

Provided all the paperwork is in order and the judge is satisfied that no outstanding issues exist, the divorce will be granted. This legally ends the marriage, allowing both parties to remarry if necessary.

Can spouses who disagree get an uncontested divorce?

Although uncontested divorces have many benefits, they are not suitable for all couples. Disagreements during separation and divorce are relatively normal but if these evolve into disputes and conflict, an uncontested divorce process will be impossible.

All of the main issues, such as property division, support issues, and parenting have the potential to become deadlocked and contested. Sometimes, couples stop communicating directly with each other.

Resolving these issues may require collaboration between lawyers, mediation, arbitration or even litigation, which creates inevitable delays and leads to a more complex divorce process than with an uncontested divorce.

Although uncontested divorces are usually more straightforward, less expensive, quicker, and less stressful, legal complications can still occur. For instance, a spouse may suddenly refuse to sign divorce papers. The divorce may then become contested.

Such issues are less likely if spouses seek guidance from an experienced divorce lawyer early in the process.

If you need legal assistance with an uncontested divorce in the Langley area of British Columbia, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with an experienced family lawyer today.