BC Divorce Lawyers
Getting a divorce can be a difficult and stressful time. You may wish to consult an experienced family law attorney to help you prepare and to provide assistance at the various stages.
Whether your divorce is contested or uncontested, the lawyers at Jiwa Law Corporation can help you at each stage of this process. We offer experienced legal representation both inside and outside the courtroom. This can include providing honest, straightforward advice; advocating your best interests in negotiations or mediations; or fighting for you at trial, if necessary.
How To File For Divorce
Spouses are able to divorce by applying to the BC Supreme Court after being separated for at least a year. The Court may also grant a divorce if it is proven that one spouse committed adultery or inflicted physical and mental suffering that would make it impossible to continue living together.
When applying for a divorce, you should have plans ready for:
- Parenting arrangements;
- Child support;
- Spousal support; and
- How the family property will be divided.
Frequently Asked Questions
The timeline to get a divorce order from the court can vary. If a divorce is uncontested, the application can be filed and processed with the Court in a couple of months. A divorce is final 31 days after a divorce order is granted if that order is not appealed. If spouses are not able to agree on issues such as property division, child custody, and child and spousal support, the divorce is contested and it will take some time to resolve these issues before the divorce can be finalized.
For common-law spouses, the common-law relationship ends when the spouses separate. There is no need for a divorce order.
Some assets may include:
- The family home
- Bank accounts
- Investments
- Pensions
- Retirement plans
- Furniture and cars
- Insurance polices
Some debts may include:
- A line of credit
- A personal loan
- Credit card debt
- Mortgage
- Car loan
- Student loans
Sometimes, the Court may divide property unequally, but only if it will be “significantly unfair” to divide it equally.
You should consult a lawyer if you have any questions about how your property should be divided.
How do you split assets in a divorce?
In British Columbia, the general rule is that all assets and debts are divided equally between each spouse.
Some assets may include:
- The family home
- Bank accounts
- Investments
- Pensions
- Retirement plans
- Furniture and cars
- Insurance polices
In British Columbia, the general rule is that all assets and debts are divided equally between each spouse.
Some assets may include:
- The family home
- Bank accounts
- Investments
- Pensions
- Retirement plans
- Furniture and cars
- Insurance polices
It is generally a good idea to account for all the assets owned by you and your spouse and determine the value of these assets. If one spouse leaves the marriage with more assets than the other, that spouse may be required to make an equalization payment to correct the imbalance.
Property division is usually confirmed through a legal written agreement or through a court order. You should consult a lawyer if you have any questions about how your property should be divided.
