Talk to a BC divorce lawyer on our matrimonial legal team today. Our BC divorce lawyers serve Langley, Aldergrove, Maple Ridge, Surrey, Abbotsford, Chilliwack and all of British Columbia.
How do I get a divorce?
The breakdown of a marriage can be a very difficult and traumatic event. If you have decided that you want to end your marriage you will have to make an application for divorce with the Supreme Court of British Columbia.
Who can get a divorce in British Columbia?
In order for the Supreme Court of British Columbia to have the authority to grant your divorce application either you or your spouse needs to have been ordinarily resident in British Columbia for at least the year right before you make your application.
You and your spouse also have to actually be legally married before you get divorced. If you were common law partners, you do not need a legal divorce.
When can I get a divorce?
When you can get a divorce depends on how you are proving to the court that your marriage has broken down. If you are basing it on having lived separate and apart from your spouse for one year, then you will have to wait at least a year. If you are basing it on one of the other reasons listed below, you do not need to wait and can apply for divorce right away.
Grounds for divorce in BC
What do I need to prove in order to get a divorce?
The court will grant your divorce if you prove that there has been a breakdown in your marriage. The law gives you three ways to show this:
1) No-Fault: Living Separate and Apart
You and your spouse need to be living separate and apart when you apply for a divorce and for the year leading up to the divorce.
What if you tried to get back together once or twice during the year? The year can include up to 90 days of living together with the aim of trying to make your marriage work, but if this time is more than 90 days you will need to re-start clock on the year apart.
What if you can’t afford to live apart? A court may still find that you are living separate and apart even if you are still living under the same roof for economic reasons. A case called Oswell v. Oswell, [1990] O.J. No. 1117 (HC), set a 5-part test for courts to use to decide whether you are separate and apart as required by law. The court will look at:
i) Whether there is physical separation between you and your spouse. If you are living in the same home, this would usually mean separate bedrooms.
ii) Whether there has been a withdrawal by one or both of you from your matrimonial obligations.
iii) Whether you are having sexual relations. This is considered, but doesn’t determine whether you are separate and apart on its own, the court will look at the other factors as well.
iv) The other ways you are dealing with each other. This includes how you’re communicating, whether you’re going to social activities together, and whether you’re eating together like a couple.
v) How your household tasks are divided. This means looking at whether you’re still sharing tasks or dividing them up like a couple.
2) Adultery
If your spouse has sexual intercourse with someone outside the marriage you can apply for divorce without waiting for a year of living apart. This only works if you don’t forgive him or her for the adultery and if you didn’t plan the adultery with your spouse for the purpose of getting a divorce sooner.
You cannot apply for divorce based on adultery if you are the one who had intimate relations outside of the marriage.
3) Intolerable Physical or Mental Cruelty
If your spouse causes you physical or mental abuse that makes living with him or her intolerable, you can apply for a divorce without waiting for a year of living apart. While it may seem like most marriage breakdowns are cruel and intolerable, the law gives a more specific meaning to these words. The person has to be more than just mean, the situation has to be extreme and often is one that involves violence.
You cannot use this reason if you’ve forgiven your spouse or if you planned together to use this in order to get a divorce sooner. You can also only apply for divorce based on cruelty if you are the spouse who is the victim of the cruelty.
What if we have kids?
You will need to show the court that you have reasonable arrangements set up to take care of any kids that you have with your spouse. This includes setting up child support that meets child support guidelines.
Do I have to hire a BC divorce lawyer to get a divorce?
No. However, we recommend you at least meet with a BC divorce lawyer for a consultation to learn about your rights and obligations before finalizing any documents. The earlier in the process, the better. To this end, we offer a discounted consultation rate with a BC divorce lawyer in our firm.
Call us toll free at 1-855-467-0505 or fill in the Contact Form to the right to set up a consultation.
Talk to a BC divorce lawyer on our matrimonial legal team today. Our BC divorce lawyers serve Langley, Aldergrove, Maple Ridge, Surrey, Abbotsford, Chilliwack and all of British Columbia.
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