Difference Between a BC Joint Divorce and Uncontested Divorce

Despite what you may hear, not every divorce needs to be a legal battle. Most BC divorces are settled without a trial, and many are resolved amicably with a joint or uncontested divorce.

Couples may need legal guidance along the way, but even then, creative and mutually beneficial resolutions can be prioritized.

Both joint divorces and uncontested divorces are considered “desk order” divorces. They save time and money and allow matters to be resolved with minimal court intervention. However, there are some critical “paperwork path” differences between them.

Let’s find out what these are.

Please Note: We do not handle joint divorces at DSG Family Law but provide this information for informational purposes only.

What’s the difference between a joint and uncontested divorce?

Joint divorces involve both spouses filing for divorce together, while uncontested divorces are filed by one spouse, with papers served on the other spouse.

That’s the fundamental difference. However, there are a few other key differences:

• Timelines: A joint divorce can be completed in three to four months, while an uncontested divorce typically takes four to six months (the mandatory 30-day response period after papers are served adds to the timeline). Note that delays often result from the court registry being busy, incorrect filings, or jurisdictional problems.
• An uncontested divorce can proceed without the approval of (or a response from) the other spouse, as long as one spouse is prepared to take the lead. A joint divorce, on the other hand, requires the active participation of both spouses.
• An uncontested divorce is more likely to run into unforeseen disagreements between spouses, complicating the process and potentially requiring legal assistance to resolve.

Mandatory requirements for all divorces in BC

All divorces in British Columbia must meet the following requirements:

• Residency: At least one spouse must have lived in BC for the full year leading up to the filing.
• Grounds for divorce: Although fault-based divorces are permitted in BC (based on cruelty or adultery), couples usually cite the breakdown of the marriage and living “separate and apart” for at least one year.
• The “children first” rule: In all divorces involving children, proof of reasonable arrangements made for the support of the children must be provided under Section 11(1)(b) of the Divorce Act.

In joint and uncontested scenarios, both spouses may sign paperwork, though it’s often unnecessary in a true uncontested divorce.

While a joint divorce offers a more streamlined approach, it requires ongoing cooperation and communication between both parties, which is not always possible, even in divorces that are relatively amicable.

The joint divorce (“mutual” approach) process

For a joint divorce, both spouses file for divorce together as co-applicants. They should be in total agreement and want to move through the process cooperatively.

Neither party “sues” the other, so papers do not need to be served. Instead, the standard process in British Columbia is as follows:

• Parties must collect supporting documentation, such as marriage certificates, separation agreements, and/or any existing and relevant court orders.
• Both parties sign a Notice of Joint Family Claim and submit other documents to confirm agreement on all aspects of the divorce (property division, spousal support, parenting, and child support), as well as a Registration of Divorce form, marriage certificate, and proof of one year’s separation.
• If you have children, you must jointly file a Child Support Affidavit.
• Pay the required fees when you file affidavits and other forms in the BC Supreme Court registry.
• Wait for a judge to review your application.
• If everything is in order, the judge will grant the divorce order.

The uncontested divorce (“sole” approach) process

The uncontested divorce process is similar to the joint divorce process but with a few important differences:

• Parties must gather supporting documentation, such as marriage certificates, separation agreements, and/or any existing and relevant court orders.
• One of the parties (the “claimant”) signs the Notice of Family Claim at the BC Supreme Court.
• The claimant serves the other party (the “respondent”) with the divorce paperwork.
• The claimant files an Affidavit of Service to prove the respondent received the paperwork.
• The respondent chooses not to fight the divorce (though there is a 30-day window in case they change their minds).
• If the respondent does nothing, the divorce proceeds by default as “uncontested” with the claimant usually filing additional documentation.
• If they have children together, the claimant must file a Child Support Affidavit.
• The court reviews the application and grants the divorce order if everything is in order.

If one spouse is indifferent or one party wants to take the lead while the other remains passive, an uncontested divorce can still prevent a long, drawn-out divorce process, potentially involving mediation, arbitration, or litigation.

Which is more cost-effective? Joint or uncontested divorce?

Both joint divorces and uncontested divorces avoid the potentially high costs of contested divorces, where significant legal fees and court costs may come into play.

However, you’ll still need to budget for some unavoidable fees. Depending on how your divorce proceeds, these include:

• The BC court filing fee.
• The costs of notarizing documents. 
• The costs of requesting additional copies of documents.
• The cost of serving the paperwork on the respondent (you must hire a process server or have a third party serve the papers).
• The potential costs of creating legally enforceable agreements. 
• The potential costs of resolving any legal disputes that arise.

In uncontested divorces where spouses rarely communicate, the likelihood of legal disagreements occurring and requiring mediation, negotiation, or collaboration between the parties’ respective lawyers is higher than with joint divorces.

Common pitfalls to avoid with joint and uncontested divorces

Be aware of the following pitfalls that can impact both joint and uncontested divorces in BC:

• Unresolved assets: A simple divorce doesn’t automatically settle property division or debt unless a comprehensive separation agreement is already in place.
• Child support guidelines: A judge might reject a divorce filing if support amounts don’t align with the Federal Child Support Guidelines (judges will protect the best interests of the children in BC divorces).
• Incomplete or inaccurate documentation: This is a common problem with divorces and is best prevented by seeking a legal review of the paperwork (especially separation agreements) before filing.
• Communication breakdowns: a common problem between spouses going through an emotional and stressful relationship breakdown.

Working with a dedicated family lawyer can help prevent many issues during divorces in BC. If you are in the Langley area of British Columbia and need legal assistance with a divorce or separation, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a Langley family law lawyer today.