A Brief Look at Divorce in BC Written on January 9, 2010, by Dawson Quintin.
The Divorce Act of Canada specifies that only one ground for divorce is admissible and that is a marriage breakdown. A marriage can be considered broken down for the following causes: you and your spouse have lived separate lives in the belief that your marriage has come to an end; your spouse has committed adultery: or your spouse has been mentally or physically cruel to you. If your own personal situation is one of the above, you can file for a divorce in BC.
The concerned couple ought to have been residents of the state of British Columbia for a minimum of one year before filing for a divorce. It is also necessary for the couple to be residents of the province while the divorce proceedings are going on. They should have come to a decision on such issues like child support and custody, partition of the assets of the family, spousal support etc. If this has not already been done, it is in your interests to engage a lawyer to obtain a divorce in BC.
Like in the rest of Canada, there are two kinds of divorce in BC. The first one is Joint Action Divorce; here you appeal to the court for a divorce order together. This means both you and your spouse are agree to the complete details of the divorce. Then comes the Sole Action Divorce which can either be a Defended Divorce or an undefended one. A divorce is undefended when you ask your spouse for a divorce and the spouse readily agrees to it. But in the defended divorce, your spouse does not agree to the details of the divorce or question the divorce action itself.
It is necessary for you to apply for divorce in the county or city where one of the spouses is a resident. There are some steps to be taken care of to initiate the divorce process. At first the writ or summons should be duly filled and submit it along with your marriage certificate and the statement of claim. You have to then complete a Registration of Divorce Proceedings after obtaining the same from the court. Your divorce proceedings are truly on after paying the registry filling fee. When these steps are complete, it is necessary for you to serve your divorce papers on your spouse. However don’t do it yourself.
If it’s an undefended divorce you are going in for, you are not required to appear in court. In such a situation, you are required to submit a few additional documents with the Supreme Court Registry. It is necessary to pay a fee for this purpose. In case you fail to understand any of these matters, it is a good thing to obtain the services of an attorney. The time needed for your divorce papers to be processed is dependent upon the complexity of your case. It can last as long as 5 months for a divorce in BC. The court will issue a divorce order as soon as soon as it determines that you are entitled to a divorce.
While putting in an application for a divorce in BC, you are required to pay the necessary fee for your divorce order. You have to pay extra fees to swear to each and every affidavit, divorce certificate in original or certified. However this fee doesn’t include the cost of forms or the lawyer’s and process server’s fees. If you feel like changing your name after the divorce is granted, there is a fee for that also. All these fees can be paid by a money order, certified check or a debit or credit card.
We hope you have found this article on Divorce in Ontario useful. If you have any questions, please visit us and learn more about Divorce in BC
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