Can You Get a Divorce in BC If Your Spouse Disagrees?

It is common to worry that a divorce is impossible if your spouse will not sign anything, will not talk, or simply disappears. In British Columbia, the law does not make a divorce depend on your spouse agreeing to it.

This article walks through how a one-person application works, what happens if your spouse responds or does not, and where disagreement about other issues can complicate things. Because contested cases vary a great deal, a lawyer can help you plan for yours.

This article covers the law of British Columbia.

Your spouse's agreement is not what the court looks for

A court may grant a divorce on application by either or both spouses, on the ground that the marriage has broken down. Breakdown is the only ground. That wording means one spouse can apply on their own.

Breakdown is established in limited ways: the spouses have lived separate and apart for at least one year, or the spouse being divorced has committed adultery or treated the other with physical or mental cruelty that makes continued cohabitation intolerable. The one-year wait does not apply when adultery or cruelty is proven.

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.

Starting and serving a one-person application

When your spouse will not apply with you, you start the case by filing a Notice of Family Claim (Form F3) in the Supreme Court registry. You then must serve it on your spouse by personal service unless the court orders otherwise.

Personal service must be done by someone who is not a party and is at least 19 years old, who leaves the document with your spouse. You cannot serve the papers yourself. A document served before 4 p.m. on a day that is not a Saturday or holiday is deemed served that day; otherwise it is deemed served the next such day.

If personal service is impracticable, for example because your spouse cannot be found after a diligent search, the court can permit substituted service on application. If your spouse is outside BC, serving without leave is possible only if the court has jurisdiction under the statutes listed in Rule 6-5(1); in other cases you need leave of the court.

Serve promptly. An original notice of family claim does not remain in force for more than 12 months, although the court may renew it on application if a respondent has not been served.

What happens after your spouse is served

Your spouse has 30 days after being served to file a response to family claim (Form F4) and serve it on you. What follows depends on whether they do.

Getting the final order in an undefended case

In an undefended case you apply for judgment by filing a requisition in Form F35. Where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise, so a hearing is often not needed.

Form F35 lists what is filed with it: a draft order, proof the case is undefended, the registrar's certificate in Form F36 and the filing fee. The forms listed for a desk order divorce, the uncontested route that joint applications take, include the Form F38 affidavit, a Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim, and a Form F102 statement if corollary relief under the Divorce Act is sought. Which of these forms your own one-spouse case needs depends on your situation, so it is worth confirming with the registry or a lawyer. Confirm current forms and the fee with the registry, since Form F38 was amended effective January 19, 2026.

Even when your spouse is silent, the court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support, before granting the divorce. The court must also be satisfied there has been no collusion.

What to do next

• Confirm your separation date, or the facts behind an adultery or cruelty ground
• Prepare the Notice of Family Claim (Form F3) and arrange for someone aged 19 or older, who is not a party, to serve it
• Keep proof of service, such as an affidavit of personal service in Form F15
• Diarize 30 days from the date your spouse is deemed served
• Gather information about children and child support arrangements
• If your spouse cannot be found, ask a lawyer about substituted service

If you cannot afford the court fees, the court may order that no government fees are payable if you receive benefits under the Employment and Assistance Act or cannot afford them without undue hardship. A waiver is not available where the court finds the claim or defence discloses no reasonable claim or defence, is scandalous, frivolous or vexatious, or is otherwise an abuse of the process of the court.

Free help with handling your own divorce is listed through Family Justice Centres, Justice Access Centres and Legal Aid BC.

Frequently asked questions