Divorce in B.C. – Why, Where and How to Get it

Divorce in BC

Divorce in BC is a process you need to go through if your marriage is over or if you want to get remarried. There are three situations in which you can ask for a divorce in BC: being separated for more than a year, adultery, physical or mental cruelty.

One of my clients once said, “You know it’s so easy to get married. Show up at City Hall and have a couple of hundred dollars. Who knew how difficult it is to divorce and just how expensive it can be”.

Even the simplest divorce is slow and long. It can be sad, angry or even unbearable at times. But what’s the point of going through life if you don’t experience challenges? If divorce in BC is a part of your story, you might as well make the best of it and not treat it as such a bad thing. It could be the best thing you’ve ever done with your life. The best way to deal with divorce is to watch it unfold, accept it and use it as a positive learning lesson. This is possible because the passage of time proves what I just said in most cases.

Anyways, let’s learn a little bit about how to divorce in BC (if you have to).

Why Apply for a Divorce in BC?

Many couples stay separated from one another for years or never get a divorce because they don’t feel like they need it. And you don’t really. The only time you really need a divorce is when

1. your spouse is going bankrupt and you need to make sure creditors don’t come after you
2. you really want to have nothing to do with your ex and the divorce helps you move on
3. you want to get remarried
4. you want to make sure your estate goes to your heirs and not your spouse.

As far as the difference between being separated and being divorced goes, there is really no difference as far as Canada Revenue Services and taxes go. However, you must apply for a divorce immediately if your spouse is going bankrupt and the creditors are coming after you.

How to Get Divorced in BC

Divorce in BC must be granted by a judge. No one else can divorce you. To get a judge to provide you with a divorce Order, you will need to go to Court. And when you go to court, everything gets very complicated and confusing. It’s always best to speak with a divorce lawyer to learn about all your family law rights and the process of divorce.

There are stringent and complicated Rules about getting a simple divorce. A document everyone needs to have in order to apply for a divorce is of course proof that marriage happened in the first place. So you must file the original copy of your marriage registration or certificate with the BC Supreme Court. If you were married in a foreign country that speaks a language different than English, you will have to get an official translation of your marriage certificate or registration and file it in court.

How to Apply for a Divorce Order in BC

The is a process called the Desk Order Divorce.  You start your divorce claim by filing a Notice of Family Claim under which you check the box for divorce and complete Schedule 1. If you have children, you must satisfy the judge that appropriate arrangements for the care and support of children are arranged. Otherwise, the judge may reject your divorce application. 95% of desk order divorce applications are rejected by the courts because of various procedural errors. It is best to have a family lawyer start the divorce process for you to save on headaches and delays in having the divorce rejected.

Read this blog for all the forms and processes you need to follow to get a divorce in BC. 

Desk Order Divorce in BC Costs

If you would like the assistance of a lawyer to start and finish your desk Order Divorce in BC, the costs are as follows:

1. Desk Order Divorce without children: $1500 plus taxes and disbursements (roughly $2000 in total including court costs).
2. Desk Order Divorce with children: $2000 plus taxes and disbursements (roughly $2,500 in total including court costs).

To apply for a desk Order divorce in BC, it is best to have a lawyer do it for you because doing it yourself means the application will most likely get rejected, you will have to wait in line for a long time and you may end up losing fortunes because divorce wasn’t granted quickly enough. Contact our divorce lawyers at 604-974-9529 or click here for an initial consultation to learn more about the process and your rights. 

The content of this page was updated in July 2017 for more accuracy, freshness and comprehensiveness.