Do You Need a Lawyer to Get a Divorce in British Columbia?

If your marriage has ended, you may be wondering whether you have to hire a lawyer just to get the divorce itself. Many people in British Columbia handle the paperwork on their own, and the province offers tools and support for them.

Whether that makes sense for you depends on how much you and your spouse agree on, whether your spouse can be found and served, and whether children or property are involved. This article walks through when a do-it-yourself divorce tends to work and where the risks are.

This article covers the law of British Columbia.

What a divorce actually involves

Only the Supreme Court of British Columbia can grant a divorce in the province. Separating is different. You can separate without any court step, but you must have a divorce order if you want to remarry.

The court grants a divorce if the marriage has broken down and the other legal requirements are met. Before it does so, it must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.

When handling it yourself is more realistic

The simplest route is a joint application, made by both spouses together. This removes the need to serve the other spouse, and it is also called an uncontested or desk-order divorce.

The province's Online Divorce Assistant is designed for joint divorces where both spouses agree on all family law issues that affect the family and only need a divorce order.

A divorce applied for by one spouse can also proceed as uncontested if the other spouse is served and does not respond. In that situation, the evidence in an undefended case where divorce is sought may be given by affidavit unless the court orders otherwise, so no hearing is usually needed.

Where the risks are higher

A divorce is rarely complicated on paper, but mistakes can delay it or leave you with an order that does not match your situation. These are the situations where many people choose to get legal advice.

The main steps if you go it alone

A divorce proceeding starts by filing a Notice of Family Claim (Form F3) in the Supreme Court registry, and the filing fee is $200. A person who provides a Form F100 certificate of mediation from a qualified mediator at filing may not need to pay that fee, subject to conditions. If you cannot afford government fees without undue hardship, or you receive benefits under the Employment and Assistance Act, the court may waive them.

After filing, your spouse must be served by personal service unless the court orders otherwise. You cannot serve the papers yourself. The person serving must not be a party and must be at least 19 years of age. Your spouse then has 30 days to file a response.

To finish an undefended case, you file a requisition in Form F35 with a draft order, proof the case is undefended, a registrar's certificate in Form F36 and the filing fee. A desk order divorce also needs the Form F38 affidavit, plus a Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim. The Form F38 affidavit must generally be sworn within 30 days of filing the application.

Forms change. An amended Form F38 took effect on January 19, 2026, so check that you are using the current version.

What to do next

• Decide whether a joint application is realistic by talking with your spouse about parenting, support and property.
• Check that you or your spouse have lived in BC for at least a year.
• Confirm your separation date, since the court will not grant a divorce on the separation ground until you have been separated for at least one year.
• Use the current forms and ask the registry if you are unsure about a requirement.
• Remember the divorce takes effect on the thirty-first day after the judgment, and you cannot remarry before then.
• If anything is disputed, or service is difficult, speak with a lawyer before you file.

Help is available if you are handling your own divorce, including Family Justice Centres, Justice Access Centres, the Parenting After Separation course, the BC Legal Referral Service and Legal Aid BC.

Frequently asked questions