How to File for Divorce in BC: Step-by-Step Process

Ending a marriage legally in British Columbia follows a set order of steps. Knowing the sequence ahead of time makes the forms and the waiting easier to manage.

This article walks through the process from checking that you qualify to receiving the final order. Every situation is different, so a lawyer can confirm how these steps apply to you.

This article covers the law of British Columbia.

Step 1: Check that you qualify

Only the Supreme Court of British Columbia can grant a divorce in BC. Breakdown of the marriage is the only ground. Either spouse can meet the residency test: one of you must have been habitually resident in the province for at least one year immediately before the proceeding starts.

One way to show breakdown is that the spouses have lived separate and apart for at least one year immediately before the divorce proceeding is determined, and were living separate and apart at the start of the proceeding. The alternative is adultery, or physical or mental cruelty that makes continued cohabitation intolerable, by the spouse the proceeding is brought against; the one-year wait does not apply when that ground is proven. You can apply at any time after separating, but the court will not grant a divorce on the separation ground until the year has passed.

If you tried reconciling, the separation period is not ended just because you lived together again for periods totalling not more than ninety days with reconciliation as the main purpose.

Step 2: Choose a joint or a sole application

A joint application is made by both spouses together, so the other spouse does not need to be served. It is also called an uncontested or desk-order divorce. The province's Online Divorce Assistant is 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 such as parenting, support or property, or where a spouse will not apply jointly.

If you apply on your own, you start by filing a Notice of Family Claim in the Supreme Court registry. A sole application can still proceed as uncontested if the other spouse does not respond after being served.

Step 3: Serve your spouse (sole applications)

• The notice of family claim must be served on each respondent by personal service unless the court orders otherwise.
• You cannot serve the papers yourself. A person who is not a party and is at least 19 years old must leave the document with your spouse.
• 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 your spouse cannot be found after a diligent search, you can apply for substituted service.

Service is proved by an affidavit of personal service in Form F15, or by your spouse filing a response to family claim. Your spouse has 30 days after being served to file a response in Form F4. If they are served and file nothing, they are not entitled to notice of later court steps, and you can apply for judgment as an undefended case.

Step 4: Apply for the final order

In an undefended case you apply for judgment by filing a requisition in Form F35, and where a divorce is sought the evidence may be given by affidavit unless the court orders otherwise, so a hearing is usually not needed. The F35 comes with a draft order, proof the case is undefended, the registrar's Certificate of Pleadings (Form F36) and the filing fee. Proof of service is not required if a response has been filed or the case is a joint family law case.

A desk order divorce also needs the Form F38 Affidavit – Desk Order Divorce, 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. The F38 must generally be sworn within 30 days of filing the application. An amended F38 took effect January 19, 2026, so check you are using the current form.

Before granting the divorce, the court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support.

Step 5: When the divorce takes effect, and what to do next

A divorce takes effect on the thirty-first day after the judgment is rendered. You cannot remarry until that period has passed. The court may order an earlier date in special circumstances if the spouses agree not to appeal or any appeal has been abandoned.

• Confirm you meet the one-year residency requirement, and either the one-year separation requirement or the adultery or cruelty ground by your spouse.
• Decide whether you can apply jointly.
• Gather your marriage details, separation date and any agreement on children and support.
• Arrange a non-party adult to serve your spouse if you are applying alone.
• Check the registry for current forms and fees before filing.
• Consider free help such as Family Justice Centres, Justice Access Centres or Legal Aid BC.

Frequently asked questions