How do you start a divorce process in British Columbia?

If you are looking to start the divorce process in British Columbia, here are the steps you should take:

1. Can I start my divorce proceeding in British Columbia?

Before you can start a divorce proceeding in BC, you must meet the residency requirements. You or your spouse must have lived in BC for at least 12 months immediately before starting the divorce process. You should note that if a custody question is included in the divorce, the court can move the claim to the province where the child has the most ties.

2. Do I need my spouse's consent to apply for divorce?

You don't need your spouse's consent to separate and/or apply for divorce. You only need to be separated for 1 year to apply for divorce.

3. What documents do I need before I file for divorce?

Find your original marriage certificate as you need to file that with your divorce claim. If you don’t have that, don’t panic. Your lawyer can help you navigate filing for divorce. Collect all the information you can, including personal information about you, your spouse, and your children (if any), and details about your marriage. Again, if you are missing information, it is ok. In fact, we can demand those information from your spouse after we start the divorce proceeding.

4. What form should I use in BC to start a family claim?

To file for divorce in BC, you need to fill out the appropriate forms. You can obtain the forms from the Supreme Court Registry, or you can download them from the BC government website. In BC, you need to file a Notice of Family Claim (F3). If you are asking for any other orders such as spousal support, custody arrangements, child support, division of property, etc, you need to check those off. It is important to have a lawyer review or assist you as it may be hard to amend your claim later and add other orders.

Once you have filed your Notice of Family Claim, someone on your behalf must personally serve your spouse with a copy of the documents. This can be done through process servers. A process server is a person who is responsible for delivering legal documents to the parties involved in a court case. These documents may include subpoenas, summons, complaints, and other legal papers that require the recipient's attention or response. Process servers are typically hired by attorneys, law firms, or private individuals to deliver legal documents to the intended recipients in a timely and efficient manner. They must follow strict guidelines and legal procedures for serving the documents, including verifying the recipient's identity, ensuring proper delivery, and documenting the entire process to provide proof of service in court if necessary.

Wait for Response: Your spouse has 30 days to respond to the divorce papers once they have been served. If your spouse does not respond within that time, you may apply for a default order.

It is important to note that divorce can be a complex process. Raha Seyed Ali is one of the top family lawyers in North Vancouver and she can assist you from the beginning of your family process.