How do I affect a legal separation?
There is no legal separation in BC. A couple is separated when at least one spouse decides to end the relationship permanently, communicates this intention to the other spouse, and then acts as though they are no longer in a relationship. This often means that one person will leave the home, but not always.
How do I get a divorce?
Most divorces proceed on an uncontested basis and are obtained by way of a "desk order divorce." The party seeking the desk order divorce will submit certain required forms, affidavits, and documents showing that they meet all of the criteria for a divorce. It is technically possible to contest a divorce, but if the court is satisfied that all of the grounds for divorce are met, the order will be granted over the other party's objections. We offer a flat-fee arrangement for desk order divorce applications.
When can I get a divorce?
In BC, divorce is granted on three grounds: the spouses have lived separate and apart for at least one year, mental or physical cruelty, or adultery. Most divorces are granted on the basis of the parties have been separate and apart for one year. In Canada, divorce proceedings are always considered on a no-fault basis, meaning that the ground of divorce relied upon will have no bearing on the court's consideration of property division, child or spousal support.