- A desk order divorce is decided on paper, without a court hearing, when the case is uncontested.
- You still need a breakdown of the marriage, usually one year of separation, and reasonable arrangements for any children.
- Forms such as the Form F35, F36 and F38 are reviewed, and the amended Form F38 took effect January 19, 2026.
You may have heard that some people get divorced in British Columbia without ever going to court. That is usually what people mean by a desk order divorce: a judge reviews your paperwork and signs the order without anyone appearing in a courtroom.
This article explains what that route means, who generally qualifies, and what documents are reviewed. Every family is different, so a lawyer can confirm whether it suits your situation.
This article covers the law of British Columbia.
What a desk order divorce means
A desk order divorce is an uncontested divorce, also called a desk-order divorce, where the court decides on the paperwork alone. In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise, so no hearing is needed.
Only the Supreme Court of British Columbia can grant a divorce in BC. A judge reviews the forms to make sure the decisions align with the law and signs the order if satisfied.
Who generally qualifies
Breakdown of the marriage is the only ground for divorce. It is usually shown by living separate and apart for at least one year immediately before the divorce is determined, and being separate at the start of the proceeding. Adultery or cruelty by the spouse being brought to court is an alternative, and the one-year wait does not apply when that ground is proven.
You or your spouse must have lived in BC for at least one year before the proceeding starts. Only one spouse needs to meet this.
- The marriage has broken down on a ground the Divorce Act recognizes.
- One of you meets the one-year BC residency requirement.
- Reasonable arrangements, including child support, are in place for any children of the marriage.
- The case is uncontested, either because you apply jointly or because a served spouse does not respond.
Joint or sole application
A joint application is made by both spouses together, which removes the need to serve the other spouse. A divorce applied for by one spouse can still be uncontested if the other spouse does not respond after being served.
The 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 a spouse who will not apply jointly.
The documents that are reviewed
Judgment is requested by filing a requisition in Form F35. The F35 lists what goes with it: a draft order, proof the case is undefended, the registrar's certificate in Form F36 (Certificate of Pleadings), and the filing fee. Proof of service is not required with the F35 if a response has been filed or the case is a joint family law case.
| Document | When it is needed |
|---|---|
| Form F38 Affidavit – Desk Order Divorce | Every desk order divorce |
| Child Support Affidavit (Form F37) | If there is a child of the marriage or a child support claim |
| 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. An amended Form F38 took effect January 19, 2026.
What to do next
- Confirm how long you have been separated and where each of you has lived.
- Decide whether you will apply jointly or alone.
- Check that you are using the current versions of the forms before filing.
- Confirm the amount of the filing fee for the final order with the registry before you file.
- Speak with a lawyer if you disagree on any issue or are unsure about child arrangements.
Free help is available for people handling their own divorce, including Family Justice Centres, Justice Access Centres, the Parenting After Separation course and Legal Aid BC.
Frequently asked questions
Do I have to go to court for a desk order divorce?
Generally no. In an undefended case where divorce is sought, the evidence may be given by affidavit unless the court orders otherwise. A judge reviews your forms instead.
Can I get a desk order divorce if my spouse will not sign anything?
Possibly. A sole application can still proceed as uncontested if your spouse is served and does not respond. If they do respond and disagree, the case is no longer a simple paper process.
Does a desk order divorce let me skip the one-year separation?
Not by itself. On the separation ground, the court will not grant a divorce until you have been separated for at least one year. The one-year wait does not apply if the divorce is based on adultery or cruelty, but that must have been committed by the spouse the proceeding is brought against.
Do children affect a desk order divorce?
Yes. The court must be satisfied that reasonable arrangements, including child support, have been made for any children of the marriage before it grants the divorce. A Child Support Affidavit is also needed if there is a child of the marriage.
Sources
- Province of BC – What do I need to know about getting a divorce? — www2.gov.bc.ca
- Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)), s. 8 — Justice Laws (federal)
- Divorce Act, s. 3 — Justice Laws (federal)
- Supreme Court Family Rules, Rule 10-10 — bclaws.gov.bc.ca
- Supreme Court Family Rules, Form F35 — bclaws.gov.bc.ca
- BC Supreme Court Practice Direction FPD-17 — bccourts.ca
- BC Laws – Form F38 Affidavit – Desk Order Divorce — bclaws.gov.bc.ca
- Province of BC – We agree about the issues. How do we obtain a court order? — www2.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a family law question
An uncontested divorce with us is from $2,126.88, tax included. Third-party fees are extra.