DIVORCE LAWExpertise In All Aspects Of Divorce

To get a divorce order in BC you will need to make an application to the BC Supreme Court for a divorce order. To get a divorce you must be able to prove one of the following:

1. 1. It has been at least a year since the relationship ended,
   2. The other party has committed adultery,
   3. The other party has treated you with such mental and or physical cruelty that it is intolerable to continue living with that person.

Which of the above is used does not change the order. Numbers 2 and 3 are often hard to prove, unless the other party admits to the behavior in a sworn statement. In the vast majority of cases, even if there has been violence and or adultery, the basis for the divorce is living separate and apart for one year.

How long it takes depends on a number of factors. If you and your former partner agree on everything then it will likely be quick. If you and your former partner are organized it could be as little as two months. If you and your former partner disagree on certain matters, for example spousal support, a divorce might take months or years. The court will generally make the divorce order once all of the other matters are dealt with.

If you and your former partner agree to get a divorce you can make a joint desk order divorce application. You and your partner would sign paperwork and file it with the court. If everything is in order a judge would sign the order. You would not need to speak to the judge or go inside a courtroom. Once the order is ready you just pick it up.

When people talk about filing for divorce there are actually 2 steps: filing the notice of family claim which opens the court file, and filing the application for divorce which is usually the last step. You can file the notice of claim any time after separation. Generally you would apply for the divorce order after being separated for one year. It is important to know that you can settle all your issues, child or spousal support, any time after separation. You do not need to wait for the divorce order.

Generally, everyone pays for their own lawyers, unless agreed otherwise, and you have to pay the filing fees for the documents you file. If you are applying for a divorce the fixed costs are: $200 for the notice of family claim, $10 for the registration of divorce, and $80 for the application for desk order divorce. If you hire a lawyer their time will be on top of these costs.

A notary should not file documents in the court for you but they may assist with filling out and swearing the required forms. As part of the desk order divorce package you must swear at least one affidavit. That can be done in front of a commissioner for taking affidavits, lawyer or notary. If you do not want to hire a lawyer the cheapest alternative is having a courthouse staff member, who are commissioners for taking affidavits,  swear your affidavit. They require two pieces of ID and they charge $40 per affidavit.

At any BC Supreme Court Registry.