What Happens If Your Spouse Ignores a BC Divorce Claim?

You filed for divorce, your spouse was served, and now nothing is coming back. It is natural to wonder whether you are stuck. In British Columbia, a spouse who stays silent does not stop the divorce.

This article explains the response deadline, what the silence means, and the paperwork that lets the case move forward as an undefended one. The court still has to be satisfied of certain things before it grants a divorce, so it is not automatic.

This article covers the law of British Columbia.

The 30-day response deadline

A respondent has 30 days after being served to file a response to family claim (Form F4) and serve it on the claimant. Count from the date service is deemed to have happened. 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.

Before you assume your spouse has missed the deadline, make sure service was done properly and can be proved. Service of the claim is proved by an affidavit of personal service in Form F15 or by the respondent filing a response.

What it means when there is no response

A respondent who is served but files no response is not entitled to notice of later court appearances, hearings, conferences or trial. The claimant can then apply for judgment as an undefended case.

A divorce applied for by one spouse can still proceed as uncontested, also called undefended, if the other spouse does not respond after being served. Silence does not mean the court simply gives you everything you ask for, but it does remove the need for a contested process.

Applying for the divorce order

A party applies for judgment by filing a requisition in Form F35, and in an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise. Form F35 lists what is filed with it: a draft order, proof the case is undefended, the registrar's certificate in Form F36 (Certificate of Pleadings), and the filing fee.

A desk order divorce also needs the following:

• Form F38, Affidavit – Desk Order Divorce. An amended version took effect January 19, 2026, so check you are using the current form.
• A Child Support Affidavit (Form F37) if there is a child of the marriage or a child support claim.
• A Form F102 statement if corollary relief under the Divorce Act is sought.

The Form F38 affidavit must be sworn within 30 days of filing the application unless the court allows an earlier affidavit, and the registrar will not sign Form F36 until irregularities are fixed. If a response has been filed, proof of service is not required with the Form F35.

What the court still checks

Even without a response, the court must be satisfied that reasonable arrangements have been made for any children of the marriage, including child support, before granting the divorce. It must also satisfy itself that there has been no collusion in relation to the application.

Once a divorce is granted, it takes effect on the thirty-first day after the day the judgment is rendered. The court may order an earlier date in special circumstances if the spouses agree not to appeal or any appeal has been abandoned.

What to do next

• Confirm the date your spouse was served and that you can prove it.
• Count 30 days from deemed service and check the registry for any response.
• Gather the Form F35 requisition, draft order, Form F36 certificate request and Form F38 affidavit.
• Add the Child Support Affidavit if you have children.
• Ask the registry to confirm the current filing fee, since it is not set out here.
• Speak with a lawyer if there are children, property or support issues, because those need careful handling.

Frequently asked questions