How divorce works in British Columbia

Only married spouses need a divorce. To apply in British Columbia, at least one spouse must have lived in the province for at least one year immediately before the case is started. The marriage itself does not have to have taken place in BC, or in Canada.

The Divorce Act has a single ground: breakdown of the marriage. Breakdown can be shown by living separate and apart for at least one year, by adultery, or by physical or mental cruelty. Almost every divorce relies on the one-year separation, because it does not involve proving fault.

The year must have passed before the divorce is granted, but the court case can be started earlier. You can live under the same roof and still be separated, as long as you are no longer living as a couple.

A brief attempt to reconcile does not necessarily reset the clock. Under the Divorce Act, living together again for up to 90 days in total, mainly to try reconciling, does not interrupt the year.

Most importantly, the rule does not put anything else on hold. Parenting, support and property can all be resolved in the meantime.

An uncontested divorce is one where the spouses agree, or the other spouse does not respond. A judge usually decides it on written materials without anyone attending court.

A contested divorce involves disagreement about the divorce or, far more often, about the issues attached to it. It goes through the full court process.

Typical documents include the marriage certificate, the claim that starts the case, affidavits confirming the facts, and a draft final order. Where there are children, the court must be satisfied that reasonable child support arrangements are in place before it grants the divorce.

An uncontested divorce is often completed a few months after filing, depending on how busy the registry is. A contested divorce can take a year or more.

A divorce order takes effect on the 31st day after it is made, unless there is an appeal. From then on, either spouse is free to remarry.