Divorce Residency Requirements to Get Divorce in British Columbia
In British Columbia, an individual who files for divorce is referred to as the petitioner, while the other spouse is called the defendant or respondent. Either spouse can file for divorce, or they can file together as co-petitioners. An uncontested divorce in British Columbia, called an affidavit divorce, means that both spouses agree on the terms of the divorce.
When filing your divorce without an attorney in British Columbia, you should file in the city or municipality in which either of the petitioners live. If they live in different cities or municipalities, you may have a choice. If there are children as a result of the marriage, you will need to file where the children live.
When filing for divorce in British Columbia, you will need to present a marriage certificate. If neither party has this document, a certificate can be obtained from the Vital Statistics Agency. You do not need to wait for the document to arrive before beginning the filing process with Divorce.com.
The Divorce Act of Canada, passed in 1986, established the potential grounds for divorce throughout the country. It lays out the at-fault and no-fault reasons for divorce and provides the basis for spousal and child support as well as child custody. It is vital to remember that debt and property distribution are covered under the laws of each province or territory. Divorce.com provides all of the forms needed to file for divorce under the Divorce Act of Canada as well as the optional separation agreement, which covers property and debt issues.
Residency Requirements for Uncontested Divorce in British Columbia
You can file divorce forms in the province or territory where either spouse has established residency for at least a full year. If there are children involved in the divorce, forms will need to be filed where the children live.
Reasons for Divorce in British Columbia
There are three distinct grounds or reasons for divorce in Canada. They include:
- Separated: This is considered the standard, no-fault judgment and the spouses must have lived apart for one year. The divorce may be filed before the year has passed but a decision will not be issued until after one year. It is possible for spouses to live in the same home, as long as at least one of the spouses intends for there to be separation implied. This situation is not usually questioned.
- Adultery
- Cruelty
The second and third grounds for divorce are only available to the person who files, meaning that the one who committed the act cannot petition for divorce. Grounds based on adultery and/or cruelty typically do not have a waiting period, but they are more difficult to establish. It is often impossible to utilize one of those grounds when filing a joint petition.
Property Distribution in British Columbia
Property and debt division are covered by local law. As such, these issues will vary from case to case. It is generally expected that property obtained during a marriage is shared by both spouses and an agreement as to distribution must be met for spouses to utilize Divorce.com for an online uncontested divorce.
Request a call back