Divorce Info: How to, Separation, How Long, Residency and DIY vs Hiring a Lawyer

Need divorce info? Deciding to end a relationship is a confusing and emotional time. It is a decision that should not be made hastily. It is a good idea to really understand what is involved, what are the implications and:

• Your rights in divorce
• The costs of divorce
• What life is like after divorce
• How divorce affects children

How can I get a divorce in BC?

In order to get a divorce, the courts have to terminate the marriage. This is the only way to legally end a marriage. This is serious and emotional decision. It will change your life, your spouse’s life and your children’s lives. It may also affect your family or your spouse’s family. Divorce is a legal process and one of the most important things to consider are the finances. You will want to make sure that you will be ok financially when you get a divorce. You may also lose some of your assets as these will need to be divided amongst you and your spouse. There may also be child custody arrangements that need to be made.

Can I get a legal separation in British Columbia?

A separation is an agreement between spouses, but there is no such thing as a legal separation in BC or Canada. It does exist in the United States, however. When you are separated you can date whoever you like without the worry of infidelity, but you can’t marry them.

Polygamous marriages are illegal in Canada. When separated you may decide to live your life as a single person – though you are still married. You may choose to separate until you are ready for a formal divorce procedure. Since divorce is a legal process you will need to be separated long enough before you can qualify for a divorce. There are also other requirements for divorce that you need to meet.

How long does it take to get a divorce – General divorce info?

In BC, you have to be separated for at least 12 months before a judge will grant a divorce, unless other circumstances can be proven in court, such as cheating, physical or mental cruelty. Most people separate and wait the 12 months and then file for divorce. Trying to argue divorce on the other grounds is often a huge waste of time and money because you would have to prove cheating, physical or mental cruelty which can be tough, opposed and time consuming. To learn how to apply for a simple desk order divorce, click here. 

My spouse lives in another province; can I still get a divorce?

As long as one spouse has lived in BC for at least 12 months, the BC Supreme Court can grant a divorce. If your spouse moves to a different country or province things could change, depending on the country that your spouse moved to. In some Cases, Canadian divorce laws will apply and in others international laws may be difficult to fight. You will need to contract an experienced family law lawyer for help, like YLaw.

What is an uncontested divorce?

An uncontested divorce is when both spouses have agreed to the terms of their divorce. It is also known as a undefended divorce, desk order divorce or no fault divorce. It is the most simple or “easy divorce”. The correct paperwork needs to be filed with the court, and a judgement will be mailed to you. This is the easiest way to divorce as it is the most peaceful way. To learn more about BC Desk Order Divorce, click here. 

Should I hire a lawyer for more divorce info or do a DIY divorce (start my case on my own)?

Even if you have an uncontested divorce, it’s a good idea idea to meet with a qualified divorce lawyer and get some legal advice on your specific rights and obligations. Many people have a general idea about what divorce entails and what should happen. But the devil is always in the details and you could risk losing a fortune or losing custody of children if you do not safeguard your future. Furthermore, people change their minds, and you want to make sure you are protected if or when they do.  When you meet with one of our Family Law Lawyers we will help you every step of the way. Call YLaw at 604.974.9529 to get divorce info or to start your case today.