British Columbia Divorce Forms

File for divorce online in 1 hour or less with our court approved British Columbia divorce papers.

British Columbia Divorce Law

Download completed divorce forms based upon the answers you provide in the online interview. We provide British Columbia Province Approved downloadable divorce kits, complete with divorce instructions, to allow you to obtain a divorce in British Columbia. Download your uncontested or no fault divorce papers and eliminate any divorce attorney. Click the Start Now button and begin your online divorce today.

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Divorce in British Columbia, Canada 

Making the final decision to get divorced is an emotional and stressful process. It is understandable that at this point, all you want is to finish the process the least complicated and least expensive way possible. An uncomplicated divorce is possible in British Columbia, especially if you are filing for an uncontested divorce. Without conflicts on child custody, child support and property division, you just need to file the right forms and submit them directly to the local court.

Through our seamless form preparation service, you can make sure any delays and additional costs are avoided. You can make sure the right forms are prepared, and filled out in an accurate manner.

In case there are conflicts about the terms of your divorce, a professional divorce mediator will be able to help. They can help you come up with conditions favorable for both parties and qualify for a complication-free uncontested divorce.

 

British Columbia Divorce Facts

Statistics Canada’s 2008 number showed that there were 20.3 divorces in every 10,000 residents within British Columbia. This puts them in the middle of the list that ranks the divorce rates throughout Canada.

To qualify for a divorce, three grounds are accepted- adultery, extreme cruelty, and living apart for at least a year. More people prefer the last option, knowing that there is no need to place blame. This also means that there is no need to spend time and money battling it out in court, which will happen should the first two options be used as grounds.

 

British Columbia Divorce Papers and Forms 

Depending on what your circumstances are, you will need a specific set of forms to file for a divorce. An uncontested divorce, for example, would have its own sets of requirements as compared to a contested one. The most common forms would be your “Registration of Divorce” and the “Financial Statement”. The British Columbia Family Law website can give you an overview of the requirements and the entire process.

Note that any mistakes made in the kinds of forms you submit or the way you fill out the information can lead not only to delays in the process, but to additional costs as well. Through our forms preparation service, you can avoid all that and be confident that all the papers you file are complete and correctly answered.

 

How to File Divorce Papers in British Columbia 

Only the Supreme Court of British Columbia can grant divorces. The most that a Provincial Court can do is to grant court orders for child custody issues and the like. If the divorce is uncontested, you can go directly to the Supreme Court to file your papers. Otherwise, it is wise to approach the Provincial Court first to settle the underlying issues before filing for the actual divorce at the Supreme Court. This will help you save on costs.

The papers will be filed with the court registry and a fee will be paid. The court staff member will then give you further instructions on what will happen next.

 

How to Serve Divorce Papers in British Columbia 

All parties involved must be notified of the situation to give them the chance to respond or to contest any of the terms. This is what serving divorce papers is for. Serving divorce papers simply means giving your spouse a copy of the papers filed. If the divorce was filed jointly, this step could be skipped.

The courts in British Columbia do not allow you to personally serve the divorce papers to your spouse. You may to find a friend or relative over the age of 18 to do this for you. If you do not want them to get involved, you have the option of hiring a private process server to do it for a fee. Whoever delivers the papers will have to complete an “Affidavit of Service”, which will be submitted to the courts as well.

 

Divorce Residency Essentials to Get Divorce in British Columbia 

Every province has residency requirements, and British Columbia is no different.  If you do not meet the requirements, either your case will be dismissed or it will go unaccepted entirely.  For British Columbia, the requirements are:

When one of the spouses is a nonresident of the state, the spouse filing for divorce must have been a resident of the province for at least six months before filing for di­vorce.

The divorce may be filed for in any of the following: 

  • The county where the defendant resides;
  • The county where the spouses both resided at the time of their separation; or
  • The county where the plaintiff resides if the defendant is a non-resident of British Columbia.  

 

Reasons for Divorce in British Columbia

There are two primary categories of divorce filing in British Columbia. They are fault and no-fault.  In order to file for divorce in British Columbia, the proper grounds must be established.  Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court. 

No-fault reasons for divorce in British Columbia include:

  • Voluntary separation lasting more than a year.

General reasons include, but are not limited to:

  • Adultery
  • Living separate and apart without cohabitation for over two years without the husband supporting the wife (divorce must be filed by wife); 
  • Mental or physical cruelty committed by the other party.

 

Custody of the Children in British Columbia 

A court in British Columbia grants the custody of the children upon divorce. The child custody can be granted to either parent on the following grounds.

  • Best interests of the child:  When children who are minors are involved in a divorce, the British Columbia courts will do whatever it takes to help lessen the emotional trauma on the children. If the parents cannot reach an agreement with regards to the issues in which the children are involved, the court will determine the matter of custody at its discretion.
  • The age and sex of the child;
  • The safety and well-being of the child.
  • The moral character of the parents.

British Columbia officially favors joint custody (but not equal physical custody) if in the best interests of the child and the parents agree. The wishes of the child are also a factor to be considered. There is a legal presumption against giving custody to any person who has inflicted any violence against either a spouse or a child. In abuse cases, the judge is required to consider any history of domestic abuse and may not consider the fact that a parent or spouse has relocated to avoid abuse. 

 Factors taken into consideration for British Columbia include:

  • Parental custody agreement;
  • Parental cooperation;
  • Parental ability to encourage love and sharing;
  • Any history of abuse.
  • Geographic proximity of parents. 

Joint custody may be awarded.  However, if the wife abandons the husband and the children are over seven years old, the husband is granted custody if he is suitable. Grandparents may be given visitation rights.

 

British Columbia Spousal Support Guidelines

The judge has full discretion when it comes to issuing an allowance for maintenance to either spouse if the spouse does not have the means to do so for themselves.

 This award may be made out of the property belonging to the other spouse, unless it is separate prop­erty (acquired by gift or inheritance, or acquired prior to the marriage) and was never used for the common benefit of the marriage.

 In applying the statewide uniform guideline, the courts will consider the following: 

  • The value of the estate of both spouses.
  • The condition of the spouse’s family.  Up to 50% of a spouse’s retirement benefits may be used for alimony if the retirement was accumulated during a marriage of ten years or more. Misconduct of either spouse may be considered in the determination as to whether to award maintenance and may totally bar the right to any maintenance. Any award of maintenance will be terminated if the recipient is living openly with a member of the opposite sex or has remarried. 

 

British Columbia Child Support Guidelines

A written agreement between the parents for a different amount with a reasonable explanation for the deviation from the guidelines will also be allowed. A standardized Child Support Guidelines form and Child Support Income Statement/Affidavit must be filed in every case in which child support is requested. There is also a procedure for expedited processing in child support cases. British Columbia driver’s licenses may be suspended for failure to pay child support.

 

Property Distribution 

British Columbia is an “equitable distribution” province and the judge has full discretion to divide any jointly-owned real estate or personal property, but does not have the authority to award the wife’s separate property to the husband (regardless of whether the wife’s separate property was obtained before or after the marriage). Gifts and inheritances are considered separate property and are not subject to division unless they have been used for the common benefit of both spouses. The property division need not necessarily be exactly equal, but it must be equitable. Marital fault may be considered in the division of property.

 

Divorce Mediation 

There is no legal provision in British Columbia for mediation.

 

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Online Document Creation: All online divorce forms completed in real time and available for instant filing and delivery in your local court house.

Dedicated Case Manager: Upon registration, you will have direct access via email and phone to your dedicated account manager who will help you through each and every step of the online process.

Unlimited Document Updates: We are happy to do any changes at any time to help you through this process.

100% Money Back Promise: We guarantee our forms will be accepted by the court or your money back.

FREE Access to a Full Video Library on Divorce: Our team has taken the time to explain the issues regarding taxes, estate planning and more.

Detailed Instructions to serve your Spouse: Part of the process of obtaining a divorce is doing a proper service. We show you how to do it.

Marital Settlement Agreement: You will get a complete settlement agreement that you and your spouse can agree to.

Free Name Change for Wives: Yes, you can get your old name back with our service.

FREE Parenting Plan: With our service you can create a parenting plan on line to be included in your documents.

FREE Child Support Calculator: Our online service helps you calculate child support payments if needed.

FREE Alimony Calculator: If spousal support is required, our site will allow you to make the right choices.

Unlimited Telephone Support: Our support team is on hand every business day from 8am PST – 5pm PST to answer any questions.

  • My Divorce Steps

  • 1. Create an account:

    Simply register online, pay the small fee, gather your papers and ready to get a divorce.

  • 2. Answer the Questions:

    Answer each of the questions we will ask you and the forms will be completed for you.

  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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