What Is a Desk Order Divorce in BC? No Court Appearance

Many people picture a divorce as a day in a courtroom with a judge and a spouse across the aisle. In British Columbia, that is often not how an uncontested divorce goes. If nothing is in dispute, the court can often decide the matter by reviewing paperwork.

This article explains what a desk order divorce is, which forms are generally involved, and when a court attendance may still be needed. Every situation is different, so a lawyer can confirm how this applies to you.

This article covers the law of British Columbia.

What a desk order divorce means

A desk order divorce is also called an uncontested divorce. You complete forms, and a judge reviews them at the judge's desk to make sure the decisions line up with the law, then signs the order if satisfied. Only the Supreme Court of British Columbia can grant a divorce in BC.

In an undefended case where a divorce is sought, the evidence may be given by affidavit unless the court orders otherwise, so no hearing is needed.

Requirements you must still meet

Going on paper does not lower the bar. The only ground for divorce is the breakdown of the marriage. The usual way to show it is that you have lived separate and apart for at least one year immediately before the divorce proceeding is determined, and were living separate and apart when it started. The other route is adultery or cruelty by the spouse the proceeding is brought against, and the one-year wait does not apply when that ground is proven.

Residency also matters. Either you or your spouse must have lived in BC for a year or more before the proceeding starts, and only one of you needs to meet this.

If you have children, the court must be satisfied that reasonable arrangements have been made for them, including child support. 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.

Joint or sole application, and the forms

A joint application is made by both spouses together, which removes the need to serve the other spouse. A divorce applied for by one spouse can still proceed as undefended if the other spouse does not respond after being served. The Online Divorce Assistant is meant for joint divorces where both spouses agree on all family law issues and only need a divorce order. It does not fit couples who disagree on issues like parenting, support or property, or where a spouse will not apply jointly.

A desk order divorce generally involves these documents:

• Form F35, the Requisition for an Undefended Family Law Case, filed with a draft order, proof the case is undefended, the registrar's certificate in Form F36 and the filing fee.
• Form F38, the Affidavit – Desk Order Divorce.
• A Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim.
• A Form F102 statement if corollary relief under the Divorce Act is sought.

An amended Form F38 took effect on January 19, 2026, so check that you are using the current forms. The F38 affidavit must be sworn within 30 days of filing the application unless the court allows an earlier affidavit. Proof of service is not required with the F35 if a response has been filed or the case is a joint family law case.

When a court attendance may still be needed

The paper route fits undefended cases. If your spouse is served and files a response, the case may no longer be undefended, and the paper process described above may not fit. A respondent has 30 days after being served to file a response. A respondent who is served but files no response is not entitled to notice of later court appearances, hearings, conferences or trial, and the claimant can then apply for judgment as an undefended case.

The court can also order something different, since the affidavit evidence rule applies unless the court orders otherwise. The registrar will not sign Form F36 until irregularities in the paperwork are fixed. When the issues are disputed, or your paperwork has problems, expect more steps. A lawyer can tell you which path fits.

After the order: when it takes effect and what to do next

The divorce takes effect on the thirty-first day after the judgment is rendered, and you cannot remarry until that period has passed. The court may order it to take effect earlier if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned.

To get a Certificate of Divorce, attend the Supreme Court registry where the divorce was filed, or mail a request to it, once 31 days have passed. The fee is $40 in person, or $50 by mail by cheque or money order payable to the Minister of Finance. If the divorce was granted 10 or more years ago, you may need a copy of the order from BC Archives.

• Confirm you meet the separation and residency requirements.
• Settle arrangements for any children, including child support.
• Decide whether to apply jointly or alone.
• Gather the forms and check you have the current Form F38.
• Confirm current fees with the court registry.
• Get advice if your spouse disagrees or cannot be found.

Free help for people handling their own divorce includes Family Justice Centres, Justice Access Centres, the Parenting After Separation course and Legal Aid BC.

Frequently asked questions