What if Your Spouse Doesn't Respond to a BC Divorce Claim?

Sometimes a spouse is served with divorce papers and simply says nothing. That can be frustrating, but it does not stop the divorce in British Columbia.

This article explains how long the response period is and how an undefended divorce generally proceeds. A lawyer can confirm the steps for your own situation.

This article covers the law of British Columbia.

How long your spouse has to respond

A respondent has 30 days after being served to file a response to family claim (Form F4) and serve it on you. Service before 4 p.m. on a day that is not a Saturday or holiday is deemed made that day; otherwise it is deemed made the next such day.

Count from the deemed service date. The 30 days matter only if service was done properly, so confirm that first.

Check that service was valid

You must serve the notice of family claim on each respondent by personal service unless the court orders otherwise. The person serving must not be a party and must be at least 19 years old, and you cannot serve the papers yourself.

Service is proved by an affidavit of personal service in Form F15, or by the respondent filing a response. The court may consider other evidence of service.

• If your spouse cannot be found after a diligent search, you can apply to the court for substituted service.
• Serving outside BC may need leave of the court in some cases.
• An unserved claim does not stay in force forever: it lasts up to 12 months, and the court may renew it.

What happens 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. You can then apply for judgment as an undefended case.

A divorce applied for by one spouse can still proceed as uncontested if the other spouse does not respond after being served.

Your spouse's silence does not remove what you must show the court. Only the Supreme Court of British Columbia can grant a divorce, and it does so if the marriage has broken down and the other legal requirements are met. Breakdown is the only ground.

• Breakdown is shown if you have lived separate and apart for at least one year, or if the spouse you are divorcing has committed adultery or treated you with physical or mental cruelty that makes continued cohabitation intolerable.
• Adultery or cruelty must be committed by the spouse against whom the proceeding is brought, and the one-year wait does not apply when that ground is proven.
• Getting back together for periods totalling not more than ninety days, with reconciliation as the primary purpose, does not by itself interrupt or end the separation period.
• Either spouse must have been habitually resident in BC for at least one year immediately before the proceeding starts.

Applying for judgment

You apply by filing a requisition in Form F35. In an undefended case where divorce is sought, evidence may be given by affidavit unless the court orders otherwise, so a hearing is generally not needed.

Filed with the F35 are a draft order, proof the case is undefended, the registrar's certificate in Form F36 and the filing fee. A desk order divorce also needs the Form F38 affidavit, 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 court must still be satisfied that reasonable arrangements, including child support, have been made for children. It also must be satisfied there has been no collusion.

Practice Direction FPD-17 says 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. An amended Form F38 took effect January 19, 2026, so check that you are using the current form.

After the order is granted

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

• To get a Certificate of Divorce, attend the Supreme Court registry where the divorce was filed, or mail a request to that registry, once 31 days have passed since the order.
• The fee is $40 in person, or $50 by cheque or money order payable to the Minister of Finance if you apply by mail.
• If your divorce was granted 10 or more years ago, you may need to get a copy of the order from BC Archives and give it to the registry.

What to do next

• Keep the affidavit of personal service and note the deemed service date.
• Count 30 days from that date before taking the next step.
• Check whether your spouse has filed a response in the court file.
• Gather the F35, F36, F37, F38 and F102 forms that apply to you.
• Get legal advice if children, support or property are involved.

Free help is available through Family Justice Centres, Justice Access Centres and Legal Aid BC. Before you file, confirm the amount of the filing fee for the final order with the registry, and check with a lawyer if you are unsure how the steps apply to your situation.

Frequently asked questions