Divorce
You may have come to an agreement and even have a separation agreement filed with the courts, but if you were married, you are still married until you get a court ordered divorce. To get a divorce you need to file out the required forms and apply to the court.
To get a divorce you need to prove one of the following:
- One year separation – you and your spouse have lived apart for at least a year
- Adultery – Your spouse was unfaithful to you
- Cruelty – Your spouse was physically or mentally cruel to you
1. One Year Separation
One year separation criteria is satisfied by: Announcement that the marriage is over and you want to get a divorce + A one year period of living separate and apart |
The main thing that the court is looking for is that one spouse had the intention to end the marriage and announced it to the other person. Make sure that you record your separation date so that you can refer to it in the future.
The second thing the court is looking for is that you and the other spouse lived “separate and apart” for a period of one year. The court has interpreted “separate and apart” in different ways depending on the situation. If you can live apart you should do so. It will allow you to reach the one year criteria more easily. If you are not able to live in a different place, make sure that you two are not living in a “marriage-like” relationship.
Once the one year period passes, you can file for divorce either together by joint application or alone with a sole application.
2. Adultery
Adultery means that your spouse was unfaithful and had extra marital affairs outside your marriage without your consent. Sometimes filing for divorce based on adultery is harder to prove. You might find it challenging to find concrete evidence and witnesses that can help you prove an adultery claim.
Even if you suspect adultery, it might be easier to go through a one year period of living separate and apart before filing for divorce than proving adultery.
3. Cruelty
Like adultery, proving that your spouse has been mentally or physically cruel during the marriage can be hard to prove. You may need to speak to a lawyer to get help.
Attention
If you are facing violence, go somewhere safe and get help right away.
Do I need to get a divorce?
How to Divorce
You need to apply to a court to grant you a divorce. You will either be faced with an uncontested or a contested divorce. In BC, only a Supreme Court of British Columbia can grant you a divorce.
Uncontested Divorce
If you and your former spouse agree on how to deal with the key issues you can apply for an uncontested divorce (also called a "desk-order divorce"). You can file an application jointly (joint application) or one of you applies (sole application) if the other does not respond it is an uncontested divorce.
Resources
For a step by step guide on doing your own divorce see the Family Law in BC Divorce Self-Help Guide
For a more detailed in-depth look you can purchase the guide lawyer’s use with Continued Legal Education’s Desk Order Divorce Guide.
Uncontested divorces are often a matter of filing the correct and complete documents to court. If you both agree on the issues you will likely be granted the divorce without you going to court.
Contested Divorce
If you and your spouse want to get divorced but can't agree about key issues, you may have to apply for a contested divorce by starting a notice of family claim. This doesn't mean you disagree about whether you should get divorced. You don't need your spouse to agree to a divorce for the court to order one.
Instead, you're asking the judge to decide about parenting, support, and/or property and debt issues that you can’t agree on.
