Eps 1618: Divorce in British Columbia

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For legally married couples seeking divorce, the petition is required to be filed in BC Superior Court. If the spouse agrees then with a Notice of Family Claim, then it is possible to proceed with the divorce application in Superior Court.
This is true even if you and your spouse are in agreement about everything, and do not need the Court to issue orders on anything but divorce. If you are lucky enough to agree with your spouse on all the issues of divorce, you may go directly to Superior Court for a petition.
If both of you together agree to a divorce decree, as well as to whatever other orders you would like the courts to issue, then you can begin your divorce proceedings together, filing for a Joint Uncontested Divorce. If both spouses agree mutually that they wish to terminate their marriage, and they agree to the terms of their divorce, they may file for uncontested divorce.
If your spouse does indeed file an answer, the two together cannot obtain a divorce by decree, since your divorce is now considered to be contested. You may request a desk order divorce after you and your spouse resolve all other issues related to the family law. If you were married outside of Canada and cannot obtain a valid, government-issued marriage license, you cannot obtain a divorce through a desk order.
The Supreme Court will grant you a divorce if you or your spouse has lived in British Columbia for at least a year, and if you can prove your marriage has broken down. The BC Supreme Court will only give you a divorce if at least one spouse can prove they have lived in the province for at least one year and that marriage has broken down irretrievably. You may only file for a divorce with the Supreme Court any time after the separation -- the Court will not grant the divorce until you have been separated for at least a year.
If you have been living together longer than 90 days and you split up again, you will need to start your separation period at 12 months once more before you are granted a divorce. Couples may try to get back into their marriages, even after divorce proceedings have started, by living together for 90 days or fewer, without having to begin the 12 months of separation all over again. If the divorced couple has issues of property and child support to settle, this process may last longer.
If you disagree about those issues, it may take time for you and the courts to work out the final terms of the divorce. If you disagree about any of the tasks that need to be completed in advance, your divorce may go ahead anyway, but it will be in dispute. More than simply creating a peaceful environment, having these issues settled ahead of time will streamline the process and allow a judge to approve a divorce without having to come to trial.
In cases where a divorce is controversial, you will need to enter into a court proceeding in order to come to an agreement regarding assets, custody, etc. Because both parties have agreed to come to a settlement, they are generally able to have their divorce granted in relatively short time by the courts.
If a couple stays separated for 12 months, the divorce will be granted, no matter what caused the separation. If the separated couple has children, the Divorce Order will not be granted until both parties arrange to make child support payments as appropriate. While you can file for divorce before having signed separation agreements, this is not a common practice, unless there are assets or children.
When a spouse initiates the process in court, this process is called an unilateral request for uncontested divorce. Anyone filing a lawsuit has to receive formal notice that he or she is filing suit; this applies to even sole applications for an uncontested divorce.
When divorce papers are served, if the spouse disputes some aspect of your divorce, your spouse must answer the court. Tip If you are served with the divorce papers, and do not agree with what the other side is asking, you will have 30 days to file a reply with the court.
The process of completing divorce papers in British Columbia can take about 3 months before a divorce judgment is issued by a court. For example, if you and your partner have settled all issues amicably and are ready to file for uncontested divorce, then you can expect to have a divorce decree within about 3 to 6 months from filing.
With an uncontested divorce, you can file at any point after the separation, and after the 12-month period has passed, a judge may sign off on your divorce papers in one or two months - provided that you have met all requirements and that the court is satisfied that all unresolved issues are settled. This process can be much more complicated, and it is important to consult a family attorney who will be able to walk you through the process of filing for a contestable divorce. Filing a divorce application in BC requires a number of legal steps from both parties, as well as both parties representatives, before the process can begin.
The divorce papers required for divorce in British Columbia will depend on your personal circumstances, like whether you and your spouse are in agreement about everything -- uncontested divorce -- or whether you have other issues to resolve, like child custody or child support. The Notice of Family Action may be your first step towards legal divorce, but you have tasks that must be completed first, which are agreements between the two spouses.
Only legally married couples may file for a divorce, meaning common-law couples are not required or allowed to enter into divorce proceedings. Claims of cruelty and adultery, both difficult to prove, are dissuaded when a divorce may be granted on the basis that the two have lived separately for a year. Note that a spouse claiming adultery or cruelty based on weak evidence, or persisting with a claim even when no-fault divorce could have been obtained, can be ordered by a court to pay costs.