An uncontested divorce means you and your spouse agree on all matters and don’t need the court to make decisions for you. This process is usually faster than a contested one, which involves disagreements and disputes. But exactly how long does an uncontested divorce take in British Columbia?
The answer is usually between five and seven months, but may vary depending on a few factors.
Understanding the Uncontested Divorce Process in British Columbia
The uncontested divorce process has a few waiting periods built into it that could prolong the timeline. Understanding this process can help you determine the minimum time it might take.
The process begins when one spouse files a divorce application with the court and pays the filing fee. They indicate the grounds for divorce and list any issues that may need to be addressed, such as child custody or spousal support.
In Canada, acceptable grounds include:
- One spouse committed adultery.
- One spouse has been physically or mentally cruel to the other.
- Both spouses have lived apart for at least one year.
If you do not meet either of the first two grounds and you currently reside together, you may need to start the process by waiting one year. However, the court may acknowledge that you have fulfilled the separation period even if you lived under the same roof as long as you can prove you were living separate lives for at least a year.
After you file the application, a process server will “serve” the papers to the other spouse. This spouse will then have up to 30 days to respond. If they do not respond within this time to indicate any disputes, the divorce will be uncontested.
You and your spouse will need to fill out financial statements to disclose your assets. You will then need to draft a separation agreement that outlines the terms of the separation. This may take some time if you and your spouse disagree on any matter.
Finally, you will file the separation agreement with the Supreme Court of BC, and a judge will grant the divorce.
Factors That May Affect the Timeline
Many factors might impact how long an uncontested divorce takes in British Columbia. While uncontested divorces are generally smoother than contested ones, the timeline of yours depends on elements like:
- Whether you are already living separately. If you are not currently living separately from your spouse or living separate lives, you will need to wait a year before you can initiate the divorce if you do not meet other grounds.
- How quickly you can resolve disputes. You and your spouse will need to create a consent order detailing how you plan to handle issues under the Family Law Act, such as child support and parenting arrangements. The faster you can create and agree upon this order, the faster you will finalize the process.
- Whether you encounter any documentation issues. Errors in your financial disclosures or other documentation may delay the process.
- The court’s current caseload. Sometimes, the court has a significant backlog that it must work through before the judge can finalize your divorce.
- How long your spouse takes to respond. Your spouse will have 30 days to respond to your petition. Waiting this full period will add time to the timeline.
Let Pier Law & Mediation Streamline Your Divorce
How long does an uncontested divorce take in British Columbia? Our family lawyers at Pier Law & Mediation can help you streamline this process. Contact us today at 604-560-8285 or fill out our form to schedule a consultation.
