
If your marriage is coming to an end, you’re likely feeling very overwhelmed. There are so many important issues to be addressed and complicated decisions to be made. It can be difficult to know where to begin. In today’s article, we’ll talk about how to start the divorce process in British Columbia and the different options for resolving issues so you can formally end your marriage.
How can a family lawyer help in a divorce case?
Before diving into the British Columbia divorce process, it’s important to note that you don’t have to figure out the process or go through the legal steps alone. An experienced British Columbia family lawyer can help you understand your rights and options, and provide you with the confidentiality, care, and understanding you need to make the best decisions to move forward with your life. We welcome you to contact our New Westminster divorce attorney for guidance before you start any legal process.
Issues to be Resolved on Marriage Breakdown
While no two marriages are the same, the disputes that arise when marriage ends tend to centre around the same core issues: division of property and debt, spousal support, and parenting (child support, parenting time, decision-making responsibilities). There are two main ways to resolve issues arising from marriage breakdown:
by hearings or trial in court; and
by settling disputes in a written separation agreement reached through negotiation, mediation, or the collaborative family law process.
It doesn’t matter if yours is a high net worth divorce with significant assets, or whether you have children or not, for example—the two main ways to resolve family law issues are by court proceedings or out of court settlement achieved using alternative dispute resolution methods.
Types of divorce in British Columbia
A divorce order from the BC Supreme Court is the only way to legally end a marriage in our province. There are two main paths to getting a divorce in BC: contested divorce and uncontested divorce. Both paths are started by filing a family claim in the BC Supreme Court, but the steps beyond the initial filing depend on how your spouse responds and whether there are unresolved issues.
The contested divorce process in BC
When spouses can’t agree on how some or all family law issues should be resolved, a Notice of Family Claim must be filed, asking a BC Supreme Court judge to decide disputed matters. This path, known as the contested divorce process, is the more complicated and expensive path, and it typically takes longer to reach a resolution in contested divorce cases. To get an idea of the steps in the court process after filing the Notice of Family Claim, please see here.
It’s very common for a contested divorce to be settled outside of a courtroom, without the need for a trial. In other words, it’s often the case that a contested divorce ends up settling out of court or via a Judicial Settlement Conference. Once outstanding issues have been resolved by agreement of the spouses, the judge can issue a divorce order legally dissolving the marriage.
The uncontested divorce process
When spouses agree on all issues such as parenting and property division (or where one spouse doesn’t respond within 30 days of being served with a Notice of Family Claim), the uncontested divorce process can be used. Uncontested divorces are typically quicker to obtain and less costly than contested divorces.
In addition to generally being faster and less expensive, a major advantage of the uncontested divorce process is that the spouses get to decide what works best for them (and their children, if any). The spouses maintain control and can explore more creative options, then essentially have the court “rubber stamp” their agreed-upon terms and issue a divorce order.
The uncontested divorce process is started by filing the initial court forms, along with other supporting documents and affidavits. A judge reviews the filed divorce application materials, and if everything is in order, issues a divorce without the spouses ever having to set foot in a courtroom. While the process is simpler, it isn’t “simple.” Mistakes in the paperwork and failure to follow proper legal procedure can cause delay, rejected court filings, and increased costs. Experienced legal help is strongly recommended, regardless of which path you use.
Are you eligible to start the divorce process in British Columbia?
There are several requirements that must be met for a person to be eligible to use the divorce process in BC, whether contested or uncontested:
At least one spouse must have lived in BC for one year before initiating the divorce process, and one spouse must currently reside in BC; and
The spouses must have been living separate and apart for at least one year for a divorce order to be issued (unless a spouse is relying on the grounds of cruelty or adultery, which is extremely uncommon and almost never recommended).
If you’re interested, please see here for our New Westminster divorce attorney’s discussion of how to determine your separation date.
Another important eligibility requirement applies to spouses who have children and want to use the uncontested divorce process: the court will not issue a divorce order without proof that reasonable arrangements have been made for the children (for example, a written separation agreement or parenting plan demonstrating that suitable child support arrangements are in place).
Consult with our New Westminster divorce attorney
If you are wondering where to start, your first step should be consulting with a skilled divorce attorney. New Westminster divorce attorney Valerie M. Little can provide legal guidance and support tailored to your unique situation. No matter what family law questions or issues you might be facing, consider calling Ms. Little for honest and practical legal advice.
For more information about her family law office or to schedule your personal, one-on-one consultation with Valerie to explore the legal options that are best for you, please call the offices of Valerie M. Little Law Corporation today. Ms. Little and her family law team are ready to give you their support and to help you successfully navigate your family law issues whether inside or outside of the courtroom.
Ms. Little is a New Westminster divorce attorney who assists clients throughout Metro Vancouver, including Burnaby, Coquitlam, Port Coquitlam, Port Moody, Maple Ridge, Pitt Meadows, Langley, Surrey, Aldergrove, Abbotsford, Chilliwack, Vancouver, West Vancouver, West Vancouver, White Rock, Richmond, Delta, Ladner, Squamish, and Whistler.