To get divorced in British Columbia, you must have been separated from your spouse for at least one year, file a divorce application at BC Supreme Court, and have all issues related to parenting, support, and property either resolved or addressed in the same proceeding. In most straightforward cases, where both spouses agree and there are no unresolved issues, BC allows what is called a desk order divorce, meaning you can get divorced without appearing in court at all.
This guide walks you through every step of the BC divorce process, from the day you separate to the day your divorce order takes effect.
Does BC Have a Waiting Period Before You Can File for Divorce?
This is one of the most common questions people ask. The short answer is yes — in most cases.
Under the federal Divorce Act, the most common ground for divorce in Canada is living separate and apart for at least one year. You do not need to wait one full year before starting the process. In fact, you can file your divorce application at BC Supreme Court on the very first day you separate, but you simply cannot receive the final divorce order until one year of separation has been completed.
What Does “Separated” Mean in BC?
Separation in BC does not require any paperwork, a court filing, or a formal document. Separation begins the moment one or both spouses decide the relationship is over and start living separately and apart.
You can even be separated while living in the same home, provided you are genuinely living separate lives, separate bedrooms, separate meals, no marital relations, and ideally, documented evidence of the separation.
The date of separation is important because it:
- Starts the one-year clock for divorce eligibility.
- Determines which assets are subject to division under the BC Family Law Act.
- It can affect how spousal and child support is calculated.
Do I Need to Live in BC for a Year Before Filing for Divorce?
No, this is a common misconception. The one-year requirement relates to how long you have been separated, not how long you have lived in BC.
To file for divorce in BC, you or your spouse must have been ordinarily resident in BC for at least one year immediately before filing. If you moved to BC recently and have been living here for less than a year, you may need to wait until you meet that residency requirement, or consider whether another province where you previously lived may be the appropriate jurisdiction.
Step-by-Step — How the BC Divorce Process Works
Step 1 — Separate and Document the Date
The process begins on the day you separate. As noted above, no paperwork is required. Note the date, document it privately, and begin organizing your financial information.
Before moving further, it is worth reading: What to Do Before Separating in BC, a practical checklist covering what to prepare before the legal process begins.
Step 2 — Determine Whether Your Divorce Is Contested or Uncontested
This is the most important factor in determining your timeline, cost, and process.
An uncontested divorce means both spouses agree that the marriage has broken down and have resolved, or do not have disputes about children, support, and property. In BC, an uncontested divorce with no dependent children and no outstanding financial claims can proceed as a desk order divorce.
Contested divorce means one or more issues, such as parenting arrangements, child support, spousal support, or property division, remain unresolved. These matters must be addressed before or during the divorce proceeding, either through negotiation, family mediation, or court.
Step 3 — Resolve Parenting, Support, and Property Issues
Divorce in BC does not automatically resolve what happens to your children, your finances, or your family home. These are separate legal matters that run alongside the divorce itself.
If you and your spouse can agree on these issues, a separation agreement formalizes those terms legally. If you cannot agree, court orders may be required.
Issues that need to be addressed before or alongside your divorce:
- Parenting time and guardianship — who the children live with, when, and who makes decisions about their lives. See: Child Custody Lawyer Vancouver.
- Child support — based on BC’s Child Support Guidelines and each parent’s income.
- Spousal support — if one spouse is entitled based on the length of the marriage and economic disparity.
- Property division — your family home, pensions, RRSPs, debts, and other assets.
Step 4 — File at BC Supreme Court
Divorce in BC is filed at the BC Supreme Court registry, not the BC Provincial Court, which handles parenting and child support but cannot grant a divorce.
Depending on your situation, you will file one of the following:
- Joint Divorce (Form F1) — both spouses agree and file together. This is the most common for uncontested matters
- Divorce by One Spouse (Form F3/Notice of Family Claim) — one spouse files, and the other is served with the documents
Filing fees apply at the BC Supreme Court registry. As of 2025–2026, the basic filing fee for a divorce is approximately $200–$280, depending on the registry and form type. Check the BC Supreme Court Civil Rules for current fees.
Step 5 — Wait for the Divorce Order
For an uncontested desk order divorce, the registry processes the application without a court appearance. Once approved, a Divorce Order is issued. The divorce takes legal effect 31 days after the order is made, which is called the “cooling-off” period. After those 31 days, both parties are free to remarry.
For contested matters, the timeline depends on how long it takes to resolve the outstanding issues.
What Is a Desk Order Divorce in BC?
To qualify for a desk order divorce in BC:
- Both spouses must agree that the marriage has broken down
- There must be no dependent children of the marriage, or all child-related issues must already be resolved
- There must be no corollary relief claims outstanding (spousal support, property division) unless already resolved
- You must have been separated for at least one year
- All required court forms must be correctly completed and filed
A family lawyer can prepare and file all desk order divorce documents on your behalf. This is one of the most cost-effective legal services available in BC family law.
How Long Does Divorce Take in BC?
Timeline varies significantly:
| Divorce Type | Estimated Timeline |
| Desk order divorce (no outstanding issues) | 3–6 weeks after one year of separation (plus 31 days for the order to take effect) |
| Uncontested divorce with separation agreement | 1–3 months to finalize the agreement + desk order processing |
| Contested divorce (some issues to resolve) | 6–18 months depending on complexity |
| Fully contested trial | 2–4+ years in BC Supreme Court |
Do You Need a Lawyer to Get Divorced in BC?
You are not legally required to hire a lawyer to file for divorce in BC. However, making decisions about property, parenting, and support without legal advice carries real risk — agreements made without proper disclosure or independent legal advice can be challenged or set aside later.
A family lawyer can:
- Ensure your separation agreement is enforceable
- Prepare and file all BC Supreme Court documents correctly
- Advise on your rights regarding property, support, and parenting
- Represent you if the matter becomes contested
Get Help With Your BC Divorce
Whether you are facing a straightforward desk order divorce or a more complex contested matter, having the right legal guidance from the start protects your interests and avoids costly mistakes later.
Booth Legal offers confidential family law consultations for individuals and families across Vancouver, North Vancouver, Richmond, and the Lower Mainland. Alexandra Booth has over 25 years of experience helping BC families navigate divorce with clarity and care.
Contact Booth Legal — Book a Free 30-Minute Consultation
Or explore our Vancouver Family Law and Divorce Lawyer Vancouver pages for more information.
Frequently Asked Questions About Divorce in BC
Can I get divorced if my spouse doesn’t want to?
Yes. You can file for divorce even if your spouse refuses to agree. If your spouse does not respond to the divorce application, the divorce may proceed as uncontested.
Can I date someone while separated but not yet divorced in BC?
Legally, yes. Being separated does not restrict your personal life. However, a new relationship before property and support issues are resolved may have implications worth discussing with a lawyer.
What if my spouse and I reconcile during the separation year?
If you reconcile for more than 90 days and later separate again, the one-year clock typically restarts. Short periods of reconciliation under 90 days do not interrupt the separation period under the Divorce Act.
Does the BC divorce process differ if we have children?
Yes, significantly. Where dependent children are involved, the court will not grant a divorce until it is satisfied that reasonable arrangements for the children’s support have been made.
