Divorce in BC:

Getting a divorce, or responding to a notice

How do I get a divorce?

Spouses must live separate and apart for a year before they will be granted a divorce in BC. The process may be initiated earlier but cannot be finalized until the end of the year. There are situations where spouses continue to live under the same roof but will still be considered to be separated, such as in cases where the family home contains a basement suite and one of the spouses moves into the suite.

Separations fall into different categories depending on how the situation is handled by the spouses. When one partner wants a divorce, they will file a Notice of Family Claim to initiate the process. How the other party responds to the Notice of Family Claim will determine the type of divorce you are faced with going forward.

Responding to a family claim

If you file a Notice of Family Claim and the other party simply does not respond after receiving the Notice, the Notice is considered “uncontested” and the relief being sought – which can include custody or a specified division of assets – is granted fully by the court. For this reason, it is critical to call a lawyer after receiving a Notice of Family Claim.

In some cases the other party may agree to all of the term, which includes custody arrangements and a specified division of assets. This is also an uncontested divorce.

In the case where the other party responds and disagrees with the relief, the matter is referred to as a “contested divorce.” If the parties are unable to come to an agreement on the issues the matter will proceed to trial. In this case, a family lawyer will be essential for handling the many details of your divorce trial.

Some family cases are negotiated before a Notice of Family Claim is ever filed: the two spouses collaborate and agree on all issues, from custody to division of assets. These negotiations can take place between the parties on their own, through the parties’ divorce lawyers or family lawyers, through mediation, or through the “collaborative family law process”. In these cases the spouses may file a Notice of Joint Family Claim together.

Questions about divorce?

If you have questions about how to divorce your spouse in a way that will increase the likelihood of separating amicably and fairly, you should speak to a family lawyer. Both men and women going through separation have many details to face, and working through the separation with someone you trust is essential. How to proceed with a divorce is a question that requires many factors to be considered.

If you have questions or concerns about spousal support or any other family law issue, please click here to request a free consultation with Marlisa Martin, a family lawyer in Victoria.