How Do I File for Divorce in British Columbia Step by Step?
This answer covers the law of British Columbia.
You start a divorce in British Columbia by filing a Notice of Family Claim (Form F3) in the Supreme Court registry, serving it on your spouse, and then applying for a final order. The court grants the divorce if the marriage has broken down, which is usually shown by living separate and apart for at least one year.
Starting a family law case costs $200, unless you provide a Form F100 certificate of mediation or the court waives the fee. Your spouse must be served personally by a non-party aged 19 or older, unless the court orders otherwise. Your spouse then has 30 days to file a response (Form F4). If your spouse is served and does not respond, you can apply for an undefended final order by filing a Form F35 requisition, often with affidavit evidence and no hearing.
A joint application by both spouses removes the need for service. A desk order divorce also needs the Form F38 affidavit, and a child support affidavit if there are children. The court must be satisfied that reasonable arrangements have been made for any children before it grants the divorce. Which steps apply to you depends on your facts, so a lawyer can confirm the route.
Key takeaways
- Only the Supreme Court of British Columbia can grant a divorce, and you start by filing a Notice of Family Claim (Form F3) in its registry.
- Someone who is at least 19 and not a party must serve your spouse personally, and you cannot serve the papers yourself.
- Your spouse has 30 days after being served to file a response (Form F4), and if none is filed you can apply for an undefended final order using Form F35.
- A joint application by both spouses removes the need to serve the other spouse.