How to Get a Simple Divorce in BC: Uncontested Divorce

Ha, I know you are thinking no divorce is simple to get, but hey if you and your spouse agree on everything, you can learn how to get a simple divorce in BC here- also known as uncontested divorce. You can’t get a simple divorce by agreement. You must get your divorce from a judge. Which is funny because when you got married you didn’t need a judge to marry you. So why should you need one when you are getting a divorce? And why should it be so complicated and time consuming? I don’t have the answer to that question, but I am here to provide guidance on getting a simple divorce in BC:

How to Get a Simple Divorce in BC

To get a simple divorce in BC:

1. First resolve all your marital issues such as child support, spousal support, property and debt division, and child custody;
2. Start a Notice of Family Claim at the BC Supreme Court. Note, the provincial court does not grant divorce;
3. File and serve your Notice of Family Claim on you spouse;
4. If your spouse does not respond to the Notice of Family Claim, you can start the desk order divorce process which does not require you to appear in front of a judge – it goes on the ‘desk of a judge’ for approval hence why they call it desk order divorce;
5. If your spouse does agree with your Divorce claim in the Notice of Family Claim, you need to go in front of a judge to get it done;
6. If you spouse does not agree with your Divorce claim because they still want something out of child support, spousal support, property or custody, then you need to schedule a Judicial Case Conference and follow the steps from there.

Now let’s have a deeper look at the concepts above — you might feel overwhelmed once you read the content below but it is the reality and steps you need to follow. Yes it’s complicated that’s why us family lawyers have to train for years to learn it. If you have any questions or feel lost, you can always call us at 604-974-9529 or get in touch for a consultation. 

Step 1: Resolve Your Marital Problems for Undefended Divorce

You can only get a simple divorce in BC if you first resolve all your other issues. For example, let’s say you guys have been married for 5 years, have one child, both of you work and earn similar incomes and have a house. If you and your spouse agree to share custody 50/50, no one pays the other any child or spousal support and the house is divided half and half, congratulations you have resolved all your family issues.

So now you can move to get an order for a simple desk order or undefended divorce in BC. This means you only claim for divorce and tell the court that all other issues have been resolved. To do this, read the next section:

Step 2: Start a Notice of Family Claim and Follow Process

You can find the form for a Notice of Family Claim by clicking here. But Family Law in BC has a very useful website for guiding you through every step on how to fill out the Notice of Family Claim and what steps to follow after that. Be warned, it is a complicated process but if you are determined to do it on your own, you can follow their guide. 95% of BC desk order or simple divorce are rejected by the courts though due to errors so be prepared to have your application for divorce rejected. In some cases, it may be better to hire a lawyer to do it for you because they know exactly what to do and will make the process simpler. And of course more efficient. It is going to cost money. Let’s see how much:

How Much Does it Cost to Get an Uncontested Divorce?

• If you want to do it yourself, you need to pay $200 to file your Notice of Family Claim. You may also need to pay money for an agent to serve your spouse. To have your affidavits sworn, you are looking at $40 to $100 per affidavit. You will also need to pay taxes on some fees. So budget around $400.
• To hire a lawyer to do an uncontested divorce, it usually costs $1500 plus taxes and disbursements if you do not have children. 
• If you have children, then it will be $2500 plus taxes and disbursements because other affidavits and forms need to be filled out and submitted when children are involved. The judge will have to be satisfied that proper care for children has been arranged before granting divorce.

So now that you have figured out the cost issues, let look at how long it takes to get a simple desk order divorce in BC:

How Long Does it Take to Get an Undefended Divorce in BC?

• First you must be separated from your spouse for more than 1 year (or claim cruelty and adultery which do not need the one year waiting period but you may as well just wait one year rather than claiming these because they are extremely complicated and difficult to prove);
• After you serve your Notice of Family Claim, you must wait one month if it is undefended; in other words, your spouse does not respond to your claim for divorce and you can start the desk order divorce process;
• Once the one-month period has passed, you can apply for the second stage of divorce and you can find the information on that by clicking here.
• Then the courts take anywhere between 6 weeks to 4 months to respond, approve or reject the claim due to errors.

So in total you are looking at between 6 months to one year to obtain your simple divorce in BC. 

The above timelines are based on your application for divorce being accepted in the first go. Usually over 95% of applications for simple divorce get rejected because you did not have the assistance of a lawyer to show you what the rules are. If you want to have a consultation on what steps to follow and how to properly apply for a simple divorce in BC, call us at 604-974-9529 or get in touch.