How Long Must You Live in British Columbia to File for Divorce?

If you have recently moved to British Columbia, or your spouse has, you may be wondering whether you can start a divorce here yet. The answer turns on a residency rule in the federal Divorce Act, and it is easy to confuse with the separate rule about how long you must be separated.

This article explains the one-year residency rule in plain words, who has to meet it, how it differs from the separation period, and how to get your information together. Your own situation may have wrinkles, such as time spent abroad, so a lawyer can confirm how the rule applies to you.

This article covers the law of British Columbia.

The one-year residency rule

A court has jurisdiction over a divorce proceeding where either spouse has been habitually resident in the province for at least one year immediately before the proceeding starts. The Province of BC describes this simply: you or your spouse have lived in BC for a year or more.

Only the Supreme Court of British Columbia can grant a divorce in BC. So the residency rule is really about whether that court is the right place to bring your case.

"Habitually resident" is a legal phrase. In everyday terms it is about where your real home is, not where you were visiting or passing through. How it applies to someone who spends long periods outside the province, or who moved between provinces, depends on the facts and is worth confirming with a lawyer.

Only one spouse needs to qualify

The residency rule can be met by either spouse, and only one of you needs to meet it. That matters for newcomers and recent movers.

• If you have lived in BC for at least a year, the requirement can be met by you, even if your spouse lives elsewhere.
• If you only recently arrived but your spouse has been habitually resident in BC for at least a year, the requirement can be met through your spouse.
• If neither of you has been here for a year immediately before the proceeding starts, the rule is not met when you file, and you would need to wait or get advice on your options.

Residency is not the same as separation

People often mix up two different one-year periods. One is about where you live. The other is about how long you have been living separate and apart.

You can apply for a divorce at any time after separating, but the court will not grant one on the separation ground until you have been separated for at least one year. There is an alternative ground: adultery or cruelty by the spouse against whom the proceeding is brought, which does not require the one-year wait.

Short periods of getting back together do not necessarily restart the clock. The separation period is not interrupted just because the spouses resumed living together for periods totalling not more than ninety days with reconciliation as the primary purpose.

Showing you meet the requirement

The court will want to be satisfied about the facts you give, and you usually give them in sworn forms. For a desk order divorce, one of these is the Form F38 Affidavit – Desk Order Divorce. An amended Form F38 took effect January 19, 2026, so check that you are using the current version.

What evidence a registry or judge will accept can vary with the case. As a practical matter, it helps to collect documents that show when you moved and where you have lived since.

• Lease, mortgage or property records showing your BC address and dates
• Utility, phone or internet bills in your name
• Government mail, tax records or identity documents showing a BC address
• Employment or school records that show where you have been based
• Your own timeline of moves, trips outside BC and any return dates

What to do next

Start by working out the date you or your spouse began living in BC, then count forward to see whether a year has passed. Then check your separation date separately.

• Write down your move-in date and every extended absence from BC
• Confirm which spouse is relying on the residency rule
• Note your separation date and whether you have had any periods back together
• Gather your supporting documents in one place
• Ask a lawyer if your history is complicated, for example if you have lived in more than one province or country

If you are handling the divorce yourself, free help is available through Family Justice Centres and Justice Access Centres, the Parenting After Separation course, the BC Legal Referral Service and Legal Aid BC.

Frequently asked questions