How do I file for divorce in British Columbia?
This answer covers the law of British Columbia.
To file for divorce in BC, you file a Notice of Family Claim in the Supreme Court registry, the only court that can grant a divorce. You must show the marriage has broken down, usually by living separate and apart for at least one year, and either you or your spouse must have lived in BC for a year or more.
If you and your spouse agree on everything, you can apply jointly and do not need to serve each other. If you apply alone, someone who is at least 19 and not a party must serve the papers on your spouse personally, unless the court orders otherwise, for example by permitting substituted service when personal service is impracticable. A sole application can still proceed as uncontested if your spouse does not respond after being served.
Before granting the divorce, the court must be satisfied that reasonable arrangements have been made for any children, including child support. The divorce takes effect on the thirty-first day after the judgment, and you cannot remarry until then, unless the court orders an earlier date in special circumstances where the spouses agree not to appeal or any appeal has been abandoned.
Key takeaways
- You start a divorce by filing a Notice of Family Claim in the Supreme Court registry.
- If you apply alone, you must serve your spouse personally unless the court orders otherwise, and the person who serves must be at least 19 and not a party, so you cannot serve the papers yourself; if personal service is impracticable, such as when your spouse cannot be found after a diligent search, the court can permit substituted service on application.
- The court must be satisfied that reasonable arrangements are in place for any children, including child support, before it grants the divorce.
- Separating does not end a marriage, and you must have a divorce order if you want to remarry.