In BC, an Order for divorce is obtained by relying on the Divorce Act, Canada. This Act allows for divorce under certain circumstances. Here is what you have to prove to be divorce:
- Prove that you are married first. You will need to file your Marriage Registration or a Certificate of Marriage with the Court Registry. This will have to be the original document. If you do not have the original copy of the Marriage certificate, you will need to contact Vital Statistics to obtain another certificate. If it is impossible to provide the Marriage Certificate (you were married in a different country), you will have to swear an affidavit and prove that you were married. This is difficult to do. It is always best to do everything you can to obtain your marriage certificate. You do not have to be married in Canada or BC to get divorced here.
- Prove that you and/or your spouse have been primary residents of BC for the past year. Even if one of you has been an ordinary residence of BC for the past year, you can apply for divorce even if your spouse lives somewhere else. If you have been resident of BC for less than a year but you plan on residing here permanently, that will often be sufficient unless your spouse opposes your claim for divorce in BC and alleges that you do not plan on living here permanently.
- Prove one of the following:
- You and your spouse have lived separate and apart for at least one year. Living separate and apart does not mean living in different places. You can be separate and living under the same roof. As long as you and your spouse agree that you have been mentally separated, that is often enough. If your spouse disagrees with the date of separation, you will have to litigate and prove to the judge that your date of separation is the true date of separation.
- Your spouse has committed adultery. Many spouses make adultery claims and if proven, they do not have to wait for one year to divorce. However, almost always the cheating spouse will disagree with this claim and denies having committed adultery. In this circumstance, you will need to prove adultery almost beyond reasonable doubt which means having proof of him/her having sexual relations with someone else. This is almost impossible to prove unless you for example videotaped intercourse, so please try to move forward and apply for divorce under (a).
- Your spouse has mentally or physical abused you. In most cases, one spouse alleges physical or mental abuse. And again, the other spouse will deny it. And you will have to prove almost beyond reasonable doubt that mental or physical cruelty occurred. Try to forget about it because you will spend so much time and money to prove this when you can simply apply under (a).
- The marriage was fraudulent. This usually happens when one spouse marries the other from a different country thinking the person he/she married really loved him/her but they simply used him/her to get Canadian Citizenship and didn’t exactly believe he/she was the one. Again, these cases are very difficult to prove….. (a)?
Contested and Uncontested Divorce
To learn more or to set up an initial consultation, please contact us.