Divorce Guide

Getting a Divorce in BC

The divorce in BC is on the grounds of one year separation. You may begin the divorce proceedings any time after separation, however, you cannot apply for divorce until you and your spouse has been separated for at least 1 year. Due to the complex and time consuming nature of getting a divorce in BC, especially on the basis of adultery and cruelty, it is recommended that you consult with a family lawyer before proceeding on these grounds. The overall divorce procedures in BC are discussed below.

Residency Requirements

You or your spouse should have resided in British Columbia for at least a year before commencing the divorce proceedings and either of you must continue to reside in the state for the duration of the divorce.

Adultery Divorce Process in British Columbia

In British Columbia, adultery is one of the reasons by which a marriage can be broken. If adultery is used as the ground for divorce, then you don’t have to wait for the 1 year separation period before finalizing your divorce.

Getting a divorce in BC requires adultery as one of the main grounds. It is brought as a sole divorce ground by the plaintiff. The defendant is the spouse who has committed adultery. The defendant must be ready to provide a sworn affidavit that admits to the adultery. The affidavit from the defendant simply states that the adultery occurred and does not provide any details of the incident or the name of the other party involved.

The adultery application is made complete by filing affidavits and other forms in court. No court appearance is required and no details of the adultery need to be provided to the court. In a sole divorce, you should arrange to serve your spouse with a filed copy of the stage 1 divorce papers.

If your spouse is supportive and willing to swear an affidavit admitting to adultery, than you can do your own divorce in British Columbia on the ground of adultery. If your spouse is not willing to co-operate, then you should think about a sole divorce in BC on the grounds of separation.

Child Support

You would need a child support affidavit if dependent children are involved. Your documents should contain enough information to satisfy the court that proper arrangements are made for their care including custody, access and monetary requirements. The amount for child support would be accepted by the court if it is as per the Federal Child Support Guideline Table. If you have agreed on some other amount, then you would need to explain as to why your amount is better for the child.

In addition, a financial statement would be required from the parent who would be paying the child support. If there is shared or split custody arrangement, both spouses would need to file the documents.

Getting a divorce in BC is much easier as majority of divorces in the state are uncontested and do not require the use of a lawyer, provided you are able to sort out all the other issues.

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