How Long Does a Divorce Take in British Columbia?

People often ask for a number of months, but the real answer depends on your facts and on how busy the registry is. What can be explained clearly are the fixed waiting periods built into the law.

This article sets out those fixed periods, shows where files tend to slow down, and compares uncontested and contested paths in general terms.

This article covers the law of British Columbia.

The fixed waiting periods

On the usual separation ground, spouses must have lived separate and apart for at least one year immediately before the divorce is determined and also at the start of the proceeding. You can file earlier, but the court will not grant a divorce on that ground until the year is complete.

Adultery or cruelty by the spouse the proceeding is brought against, making continued cohabitation intolerable, is an alternative to the one-year separation, and the one-year wait does not apply when this ground is proven. Spouses are also treated as separated for any period when they lived apart and either of them intended to live separate and apart. If a spouse becomes incapable of forming that intention, the period is not interrupted if the court finds the separation would probably have continued.

After the judgment, the divorce takes effect on the thirty-first day. The BC government describes it as becoming final automatically after 31 days if no appeal is filed, and you cannot remarry before then.

Uncontested and joint divorces

A joint application avoids service, because both spouses apply together. If one spouse applies alone, the case can still be uncontested if the other does not respond after being served. In an undefended case where a divorce is sought, evidence may be given by affidavit unless the court orders otherwise, so no hearing is usually needed.

The Form F35 requisition lists what is filed with it: a draft order, proof the case is undefended, the Certificate of Pleadings in Form F36 and the filing fee. A desk order divorce also needs the Form F38 affidavit, and a Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim. Proof of service is not required with the F35 if a response has been filed or the case is a joint family law case.

How long the registry and the judge take depends on your file, so it is worth asking the registry what to expect when you file.

Contested files

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 about issues such as parenting, support or property, or a spouse who will not apply jointly. Those cases need the court's other forms or a sole filing. A respondent who files a response within 30 days stays entitled to notice of later appearances, hearings, conferences and trial. How long that takes depends on the issues and the court's schedule, and a lawyer can give a realistic view for your case.

What can slow a file down

• Difficulty serving your spouse. If personal service is impracticable, you may need to apply to the court for substituted service.
• Serving outside BC, which may need the court's leave in some cases.
• Problems with the paperwork. The registrar will not sign the Certificate of Pleadings until irregularities are fixed.
• Missing children's arrangements. The court must be satisfied that reasonable arrangements, including child support, are in place.
• An out-of-date affidavit, since the F38 must generally be sworn within 30 days of filing.

An original notice of family claim does not remain in force for more than 12 months. If a respondent has not been served, the court may renew it for up to 12 more months.

Planning your timeline

• Count your separation date and confirm when one year is complete.
• Remember a brief reconciliation of ninety days or less in total, with reconciliation as the main purpose, does not interrupt the separation period.
• Prepare children and support arrangements before filing.
• Line up a non-party adult to serve your spouse.
• Add 31 days after the order before planning a remarriage.
• Ask the registry about current processing times.

Once 31 days have passed since the divorce order, you can ask for a Certificate of Divorce at the Supreme Court registry where the divorce was filed, in person or by mail. If your divorce was granted 10 or more years ago, you may need a copy of the order from BC Archives to give to the registry.

Frequently asked questions