If the thought of divorcing your spouse has recently crossed your mind, you may be feeling a wide range of complicated emotions. One question swirling through your thoughts may be: “What even is the process of divorce in Canada?” Discovering more about how it all works and consulting an experienced family lawyer can help you feel more at ease.
Understand the Criteria for Divorce
First, you must ensure that you meet the divorce criteria:
- You and your spouse are legally married.
- At least one of you has lived in British Columbia for at least a year.
- At least one of you intends to make the separation permanent with no hope for reconciliation.
Your divorce must also be due to one of these legal grounds:
- You and your spouse have separated and lived apart for at least one year.
- Your spouse committed adultery.
- Your spouse was mentally or physically cruel to you, impacting your ability to reside together.
The first reason indicates that your marriage has broken down. You can file for divorce at any time as long as you are already living separately, but you cannot finalize it until the separation period has reached one year.
File an Application and Serve Your Spouse
After confirming that you meet the criteria above, you will need to file a Notice of Family Claim with the court. If you have a separation agreement, you should file this at the same time to outline the potential issues that may arise, such as parenting arrangements or support.
If you and your spouse are in total agreement, you can file the papers together and sign a separation agreement. Otherwise, you will need to legally serve your spouse with a copy of the Notice of Family Claim. You must file an Affidavit of Service with the court and enlist a qualified process server to deliver the paperwork.
Your spouse will then have 30 days to file an answer and their own statement. If they do not file a response within this time, the divorce will be considered “uncontested.”
Attend a Case Conference
After finalizing the initial paperwork and serving your spouse, and if your spouse responds opposing any of the relief you are seeking, you both will need to attend a Judicial Case Conference in front of a judge. If you are represented by counsel, both of your lawyers must also be present.
During this time, you will discuss any outstanding issues and how to move forward, whether through a separation agreement or court order. After this, either party can bring an application for interim relief, which may be necessary for time-sensitive issues like unpaid child support.
Navigate the Discovery Process
Discovery is the next step in the divorce process in British Columbia. It involves exchanging information to support or disprove claims from either party. You may need to provide additional financial documents or answer questions under oath about the concerns that have arisen in your court proceedings.
Settle Issues Via Mediation, Negotiation, or Trial
After the discovery period, you and your spouse, along with your lawyers, will attempt to settle issues you cannot agree upon. You may try negotiation or mediation to reach a mutually beneficial consensus. If you cannot agree, you will move to trial, where a judge will make decisions for you.
The court will grant the divorce order once all issues are resolved.
Let Us Help You Navigate the Divorce Process in British Columbia
Filing for divorce may feel scary, but rest assured: Our lawyers at Pier Law & Mediation are here to support you. We can guide you through the process of divorce in British Columbia and help protect your rights to family assets, parenting arrangements, or other pertinent issues.
Contact us today at 604-560-8285 or fill out our online form to schedule a consultation.
