Divorce is a life-altering experience, often filled with emotional turmoil and significant decisions. But our team of family law lawyers at Align Family Law believe that it doesn’t have to be a devastating process.
We understand the complexities you’re facing. Our team is dedicated to providing empathetic support and legal guidance as you navigate this challenging transition in British Columbia. We firmly believe in a resolution-focused, collaborative approach to family law issues, prioritizing your well-being throughout the entire process.
In this blog, our divorce lawyers explain the foundation of divorce in Canada and the steps generally involved after you decide to file for divorce.
Who is Eligible for Divorce in Canada?
We believe knowledge is power. That’s why our team is committed to empowering our clients by educating them on the divorce process so they are prepared for what’s to come. There are a few key elements that form the basis upon which your divorce proceedings will unfold and must be present to be eligible for divorce.
To obtain a divorce in British Columbia, you must show that your marriage has broken down through one of the following:
- You and your spouse have lived separately for at least one year
- Your spouse has been physically or mentally cruel to you
- Your spouse has committed adultery
Beyond establishing through one of the three reasons outlined above, there are also residency requirements that must be met.
To file for divorce in BC, either you or your spouse must have resided in British Columbia for at least one year immediately preceding the filing of the divorce application.
However, an exception to the divorce residency requirements exists for non-resident 2SLGBTQI+ couples who were married in Canada. Our team explains the options available for these couples in a separate blog.
The Divorce Process in British Columbia
While not necessary, we believe that one of the first crucial steps after deciding to file for divorce is seeking guidance from an experienced family lawyer who shares your values and will prioritize you and your needs throughout the process.
At Align Family Law, our team is committed to understanding your unique situation, providing personalized advice, and developing strategies that prioritize your emotional and mental well-being.
Once the difficult decision to proceed with divorce has been made and you’ve established a relationship with a trusted divorce lawyer, your legal team will meticulously prepare and file a Notice of Family Claim with the Supreme Court of British Columbia. This document formally initiates the divorce process and outlines your intentions regarding important matters such as parenting, support arrangements, and the division of family property and debt.
As the legal process progresses, the importance of open, honest, and respectful communication with your spouse, if possible, becomes critical (though we understand that certain circumstances may not allow for this – and that is more than okay.) This foundation of open dialogue lays the groundwork for constructive negotiations, enabling both parties to work together towards mutually agreeable resolutions on outstanding issues.
Alternative Dispute Resolution Options for Divorce in Canada
If obstacles are present during negotiation efforts, we offer a range of alternative dispute resolution (ADR) options. Mediation and collaborative family law are two powerful tools that empower you to take control of the process and create solutions that prioritize the needs and well-being of all involved, especially any children who may be affected by the divorce.
Once agreements have been reached, we meticulously draft comprehensive settlement agreements and consent orders. These legally binding documents outline the terms of your divorce in clear, unambiguous language, ensuring both parties understand and agree to the terms, and that the agreements are fully enforceable.
Once all other issues have been resolved by way of an agreement or court order, all that is left is to file for a formal divorce order. This can often be done by way of desk order, where neither party needs to appear before a judge. Our office can help you to file the necessary paperwork to obtain a divorce on an uncontested basis.
Align Family Law: Resolution-Focused Divorce Lawyers in Victoria, Kimberley, and Vancouver, Canada
At Align Family Law, we recognize that divorce is not merely a legal matter but a deeply personal and emotional experience. Our commitment to being compassionate listeners and prioritizing collaboration extends beyond the courtroom. We offer a wealth of resources, support networks, and therapeutic referrals to empower you to heal, rebuild, and emerge from this experience stronger and more resilient.
While divorce is undoubtedly challenging, it can also be a catalyst for positive change and personal growth. And our team is here to support you through it all.
If you are filing for divorce in British Columbia, let us work with you to come up with a clear step-by-step plan to resolve your issue and figure out a path forward toward your next chapter. Contact us online today.
