Before you begin

What is a divorce and how do I get one?

Divorce is a legal procedure. When you're legally married, the only way to end your marriage legally is to get a divorce.

In British Columbia, you get a divorce in the Supreme Court of BC by getting an order for divorce from a Supreme Court judge.

This guide can help you do your own divorce. You won't have to see a judge or go to court to ask for your divorce. You just prepare and file the necessary documents at the registry.

Although you're the one filing the divorce against your spouse, the courts attach no blame to either spouse.

Is this guide for me?

This guide will help you if you're a sole claimant (that is, you're filing for divorce from your spouse). This guide will help you through a simple, undefended divorce (also called an "uncontested" divorce). A divorce is undefended if your spouse won't oppose any of the things you're asking for, including child support. This guide will show you how to prepare and file the necessary documents.

However, if your divorce starts off simple, but later becomes complicated or your spouse disagrees with the divorce (in other words, the divorce is defended or contested), consult a family law lawyer. If you can't afford a lawyer, there are other ways to get legal help, including the Lawyer Referral Service, pro bono (free) clinics, family duty counsel, or advice lawyers. In Nanaimo and Vancouver, staff at Justice Access Centres can also answer your questions and help you fill out forms. See Who can help? for more information.

This guide is for you if:

• You're filing for divorce against your spouse.
• You OR your spouse has lived in BC for at least one year before you start your divorce, and will live in BC throughout the divorce.
• You and your spouse agree to the divorce. If your spouse fights the divorce, the procedure is different and you can't use this guide. Get advice from a family law lawyer.
• You and your spouse have been separated for at least one year. (You can start your divorce before one year has passed since you separated, but you can't complete it until after the one-year separation date.)

There are other grounds for divorce in BC besides a one-year separation. You can apply for a divorce on the grounds of adultery or cruelty, but this guide is not useful for those grounds. This guide also does not show you how to claim for custody, access, guardianship, and support / maintenance, unless your application will be unopposed.

See one of our other self-help guides or contact a family justice counsellor or a family law lawyer if you need help with any of these matters.

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What if I want to divide property, assets, or debts?

This guide doesn't provide information about dividing property, assets, or debts. If you want to apply to divide property, assets, or debts, you could use this guide, but we suggest you make a separation agreement first or get some legal advice about these issues.

If you own property together (jointly) — or if one of you is entitled to property owned by your spouse, but you don't want to divide the property at this time — be aware that your legal right (entitlement) to this property may change if you don't divide the property within two years after your divorce order is made. If you wait, your rights may be far more difficult to settle later. Get legal advice.

Important: Don't give up any claims that you may have for property or assets to keep your divorce simple. Remember that property and assets can include many things, such as pensions or RRSPs. Get advice from a family law lawyer.

What if I want to change my name?

You have a legal right to have your name changed as soon as your marriage is ended by divorce. You may go back to your birth name without having to apply for a name change.

If you want to change your name to something other than your birth name or married surname, you must fill out the Identification Particulars form from the BC Vital Statistics Agency and bring two copies to the court registry when you file your Notice of Family Claim (Form F3). (See Step 3 for details.)

Who can ask for a name change?

You, as the claimant in a sole application for divorce, can ask for a name change for yourself. You can't ask for a name change for your spouse, the respondent.

How long does a divorce take?

The entire divorce can be done in two to three months, but it may take longer. There are waiting periods that affect the speed with which your divorce can be completed. The time also depends on how busy the Supreme Court registry is.

How much are the court fees for a divorce?

There are two separate court fees you have to pay to get a divorce:

• $210 when you file the first documents (a $200 filing fee, plus $10 for a Registration of Divorce); and
• $80 when you make the final application (see Step 8 for details).

You may also choose to pay another $40 for an optional Certificate of Divorce (Form F56). If you ever want to remarry, you'll have to have the Certificate of Divorce. You can order the certificate at any time after the divorce takes effect (see Step 10 for details).

There are also some other costs involved in getting a divorce. If you choose to have your affidavits sworn at the court registry, this will cost you $40 per affidavit. If you don't have a certified copy of your marriage certificate or registration of marriage, you'll have to pay for this document as well (see our self-help guide How to get a copy of your marriage certificate).

These are the court costs only. Other costs may include the cost of having a process server deliver your documents or having your documents sworn anywhere other than at the court registry.

Tip: If you can't afford to pay court fees, see our self-help guide How to get an indigency order in Supreme Court.

How do I find a lawyer?

Before you begin your own divorce, take the time to meet with a family law lawyer to find out what your rights are. You may have a right to property, to spousal or child support / maintenance, or to a division of assets or pensions. You may also have debt obligations.

If you don't make these claims now, you may lose your right to them after the divorce is complete.

If you don't know a lawyer, try calling the Lawyer Referral Service.

Or see Who can help? for other ways to find a lawyer.

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