Divorce in British Columbia
Reviewed by the Commoner Law Editorial Team. Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
In Canada there is only one legal ground for divorce: breakdown of the marriage. The most common way to prove this is living separate and apart for one year — about 95% of divorces use this route. You can also claim adultery or cruelty, but these are rarely used.
Canada has a no-fault system. The reason for the breakup does not affect how property, support, or parenting is decided. You must be legally married to get a divorce — common-law couples separate without one.
At least one spouse must have lived in the province where you file for at least one year. Once the court grants the divorce, it becomes final after 31 days.
When does it apply?
This applies to legally married couples in Canada.
- At least one spouse must have been a resident of the province where the divorce is filed for one year or more.
- You can live "separate and apart" under the same roof — you do not have to physically move out to start the one-year clock.
What to Do If You Want to Get Divorced in Canada
- Confirm residency — make sure at least one spouse meets the one-year provincial residency requirement.
- Start the separation clock — document the date you began living separate and apart.
- File at provincial Superior Court — you can file jointly (together) or as a sole applicant.
- Resolve parenting, support, and property through negotiation, mediation, or court if needed.
- Consider out-of-court options first — the 2021 amendments to the Divorce Act encourage collaborative resolution.
What should you NOT do?
- Don't assume you must leave the home — you can be "separate and apart" while living under the same roof.
- Don't hide assets — both spouses have a legal duty of full financial disclosure.
- Don't use children as bargaining chips — courts take this seriously and it can hurt your case.
- Don't ignore divorce papers if you are served — failing to respond means the court can proceed without you.
- Don't assume adultery or cruelty gives you a better deal — the no-fault system means the reason for the divorce does not change property or support outcomes.
How British Columbia differs from federal law
Divorce in Canada is governed by the federal Divorce Act, but BC's court system and provincial Family Law Act shape how the process works in practice.
- You can file for divorce in either BC Supreme Court (which has jurisdiction under the Divorce Act) or resolve related family issues in BC Provincial Court (under the Family Law Act) — but only Supreme Court can grant the actual divorce order.
- BC encourages out-of-court resolution. Before filing contested applications in Supreme Court, parties are required to attend a Parenting After Separation program (free online course). Family Justice Counsellors at Justice Access Centres provide free mediation and information.
- A desk order divorce (uncontested, no court appearance) is available in BC Supreme Court when both spouses agree on all issues. It is faster and less expensive than a contested proceeding.
- The one-year separation period required by the Divorce Act applies in BC as in all provinces.
Additional Steps in British Columbia
File for divorce at the BC Supreme Court registry nearest to you. Court forms are available on the BC Government website (Supreme Court Family Rules). Visit a Justice Access Centre (locations in Vancouver, Victoria, Nanaimo, and Kelowna) for free information, mediation, and help with forms. Legal Aid BC may cover family law matters if you qualify financially.
Relevant Law: Divorce Act, RSC 1985, c. 3 (2nd Supp.) (federal); Family Law Act, SBC 2011, c. 25; Supreme Court Family Rules, BC Reg. 169/2009
Common Questions
When does divorce apply?
This applies to legally married couples in Canada.At least one spouse must have been a resident of the province where the divorce is filed for one year or more.You can live "separate and apart" under the same roof — you do not have to physically move out to start the one-year clock.
What should I do if I want to start the divorce process in Canada?
Confirm residency — make sure at least one spouse meets the one-year provincial residency requirement.Start the separation clock — document the date you began living separate and apart.File at provincial Superior Court — you can file jointly (together) or as a sole applicant.Resolve parenting, support, and property through negotiation, mediation, or court if needed.Consider out-of-court options first — the 2021 amendments to the Divorce Act encourage collaborative resolution.
What mistakes should I avoid with divorce?
Don't assume you must leave the home — you can be "separate and apart" while living under the same roof.Don't hide assets — both spouses have a legal duty of full financial disclosure.Don't use children as bargaining chips — courts take this seriously and it can hurt your case.Don't ignore divorce papers if you are served — failing to respond means the court can proceed without you.Don't assume adultery or cruelty gives you a better deal — the no-fault system means the reason for the divorce does not change property or support outcomes.
Divorce in other states
Same topic, different jurisdiction. Pick the one that applies to you.