BC Online Divorce Assistant: What It Is and Who Can Use It

If you are handling your own divorce in British Columbia, you may have seen the provincial government's Online Divorce Assistant. It sounds simple, and for some couples it is. For others it is the wrong starting point, and it helps to find that out early.

This article explains what the tool is for, who it suits, who it does not, and what you still need to understand about the legal requirements for a divorce. It is general information, not advice on your situation.

This article covers the law of British Columbia.

What the Online Divorce Assistant is for

The Online Divorce Assistant is a government tool, found at justice.gov.bc.ca/divorce, for joint divorces. It is designed for spouses who agree on all the family law issues affecting the family and who only need a divorce order.

The key words are joint and only. A joint application is made by both spouses together, which removes the need to serve the other spouse. This route is also called an uncontested or desk-order divorce.

Only the Supreme Court of British Columbia can grant a divorce in the province. So even when you use an online tool to prepare, the decision is the court's, not the tool's.

Who it generally fits

Think of the tool as a fit when your situation looks like the list below.

• Both of you want the divorce and are prepared to apply together.
• You agree on all the family law issues that affect your family, such as parenting, support and property.
• The only thing you need from the court is the divorce order itself.
• You meet the residency and separation requirements described below.

Who it does not fit

The tool does not suit couples who disagree on family law issues such as parenting, support or property, or where one spouse will not apply jointly. Those cases need the court's other forms or a sole filing.

A sole application means starting a case by filing a Notice of Family Claim in the Supreme Court registry and then serving it on your spouse. If you are unsure which route you are on, a lawyer can help you sort that out before you file anything.

The legal tests do not change

No matter how you prepare your paperwork, the same rules apply. Breakdown of the marriage is the only ground for divorce. It is established only if the spouses have lived separate and apart for at least one year immediately before the divorce is decided and were separated at the start of the proceeding, or if the spouse against whom the proceeding is brought has committed adultery or treated the other spouse with physical or mental cruelty that makes continued cohabitation intolerable.

You can apply at any time after separating, but the court will not grant a divorce on the separation ground until you have been separated for at least one year. Adultery or cruelty by the spouse against whom the proceeding is brought is an alternative, and the one-year wait does not apply if it is proven.

Living apart can count even if you briefly try again. Resuming living together for periods totalling not more than ninety days, with reconciliation as the primary purpose, does not interrupt or end the separation period.

Residency matters too. Either spouse must have been habitually resident in British Columbia for at least one year immediately before the proceeding starts, and only one spouse needs to meet this. Finally, the court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.

What to do next

• Talk with your spouse about whether you truly agree on parenting, support and property, since the tool depends on that.
• Confirm your separation date and that at least one of you has lived in British Columbia for a year.
• Gather details about your children and the support arrangements you have in place.
• If you disagree on anything, or your spouse will not apply with you, ask about a sole filing rather than forcing the joint route.
• Look into free help such as Family Justice Centres, Justice Access Centres, the Parenting After Separation course, the BC Legal Referral Service and Legal Aid BC.

Remember that separating and divorcing are different. You can separate without any court step, but you need a divorce order if you want to remarry.

Frequently asked questions