Obtaining an uncontested divorce or desk order divorce in British Columbia (BC) involves a relatively straightforward process when both spouses agree to the divorce and all related issues, such as child custody, support, and property division. Here are the steps to get an uncontested divorce in BC:
1. Meet the Residency Requirements: Before filing for divorce in BC, either you or your spouse must have been a resident of the province for at least one year preceding the divorce application.
2. Grounds for Divorce: In Canada, including BC, the only ground for divorce is a breakdown of the marriage. You must demonstrate this breakdown by one of three reasons: separation for at least one year, adultery, or cruelty.
3. Separation for at Least One Year: The most common reason for divorce in uncontested cases is separation. You and your spouse must have lived separate and apart for at least one year continuously. This means you have not resumed cohabitation or lived together during this period.
4. Draft the Divorce Documents: To start the uncontested divorce process, you will need to complete the necessary court forms. In BC, the main form required is the “Notice of Family Claim.” You can obtain this form from the Supreme Court of BC or online through the BC government website.
5. Serve the Divorce Documents: Once you have completed the “Notice of Family Claim” form, you must serve it to your spouse. Service can be done in person, by mail, or through a process server. After serving the documents, your spouse has 30 days to respond.
6. File the Divorce Documents: After serving the divorce documents, you must file them with the Supreme Court of BC. The court will then review the documents and assign a file number.
7. Wait for the Divorce to Be Granted: After filing the documents, you must wait for a minimum of 31 days for the court to grant the divorce. If there are no issues with your application, the divorce should be granted after this waiting period.
8. Finalize the Divorce Order: Once the waiting period has passed, you can request the divorce order from the court. This document confirms that your divorce is final. Depending on the court’s workload, it may take a few weeks for the divorce order to be issued.
9. Resolve Other Related Issues (Optional): If you and your spouse have agreed on child custody, support, and property division, you can include these agreements in the divorce order. This will make them legally enforceable.
Seek Legal Advice: While it is possible to complete an uncontested divorce without legal representation, seeking advice from a family lawyer is recommended, especially if you have complex issues to resolve or want to ensure that your rights are protected.
Please note that the information provided here is a general overview of the uncontested divorce process in BC and may not cover all specific circumstances. If you have questions or need further guidance, it’s best to consult with a family lawyer or review the current divorce procedures on the BC government website.
How much does an uncontested divorce cost if you hire a lawyer?
We can’t tell you about other law firms, however, at Jiwa Law Corporation, our fees are as follows:
Uncontested Divorce (Without Children) – $1,900.00 including fees, disbursements, and taxes.
Includes the following:
- Notice of Family Claim (divorce only)
- Affidavit of Personal Service (only if we are serving at our office)
- Requisition
- Divorce Affidavit
- Final Order
- Certificate of Pleadings
- Certificate of Divorce
Uncontested Divorce (With Children) – $2,500.00 including fees, disbursements, and taxes.
Includes the following:
- Notice of Family Claim (divorce only)
- Affidavit of Personal Service (only if we are serving at our office)
- Requisition
- Divorce Affidavit
- Child Support Affidavit
- Final Order
- Certificate of Pleadings
- Certificate of Divorce
The following are extra charges:
- If your file becomes contested
- If we have to hire a process server or skip tracer
