Are you planning on filing for divorce in British Columbia? Do you have questions about the process? Below are some things you should know.
What are the types of divorce?
There are two types of divorce.
- Contested divorce
A contested divorce is one in which the parties disagree on some or all the divorce-related issues. In a contested divorce, a couple might disagree on matters like child custody, property division and debt sharing.
- Uncontested Divorce
In an uncontested divorce, the couple mutually agrees to end the marriage and establish terms of the divorce. Uncontested divorces often go through the courts faster and cost less.
What are the requirements for getting a divorce in BC?
The province’s Supreme Court has established a few requirements that you need to fulfill to get divorced in BC. These requirements include:
- Proof that you and your spouse have been living in British Columbia for at least one year
- Evidence of irreconcilable differences in your marriage
- Proof that you have lived apart for at least a year or that one of you committed adultery or was physically or mentally cruel to the other.
If children are involved, you must also demonstrate that you have made suitable arrangements for their care before the court will grant a divorce.
What are the steps for getting a divorce in BC?
The following are the steps you will need to take to get a divorce in British Columbia:
- Complete the Notice of Family Claim and Registration of Divorce Proceedings forms.
- File forms and then arrange for your spouse to be served the Notice of Family Claim.
- Fill out affidavit(s), Requisition, Certificate of Pleadings and Final Order.
- Apply for divorce.
- Serve the divorce order.
- File your divorce agreement if you have one.
- Complete the Notice of Family Claim and Registration of Divorce Proceedings forms
- Complete affidavit(s), Requisition, Certificate of Pleadings and Final Order.
- Apply for divorce.
A divorce is automatically final 31 days after the judge signs the divorce order if no appeal has been filed.
If your divorce is contested, additional steps are required and the process will be more complex. Therefore, it would be wise to seek legal advice before you file.
Are you looking for a divorce lawyer in Surrey?
If you have questions about the divorce process or need help to settle marital issues before you file, contact us at Highland Law.
Our Surrey family lawyers are dedicated and equipped to answer all your questions and help you resolve your legal matters.