How long does divorce take in British Columbia? For an uncontested desk order divorce, typically four to six months from the date of filing. A contested divorce can take one to three years or longer. In both cases, most couples must meet a one-year separation requirement before a divorce order can be granted.
If you are going through a separation in British Columbia, one of the first questions you are likely asking is how long the divorce process will actually take. The honest answer is: it depends, but there are clear patterns depending on your situation.
At Align Family Law in Victoria and Kimberley, our seperation lawyers work with clients across British Columbia to move through the divorce process as efficiently as possible. Whether your divorce is straightforward or involves unresolved disputes, understanding the timeline from the start helps you plan, make informed decisions, and reduce uncertainty during an already difficult time.
What is Considered Separation in British Columbia?
In British Columbia, couples are typically considered spouses if they have married or if they have been living in a marriage-like relationship for a period of two years.
After becoming spouses, if one spouse decides they no longer want to be in the relationship and they either tell their other spouse they are ending the relationship or do something that would indicate they are not wanting to be in the relationship anymore (like moving out of the house), those spouses are considered separated.
Separation does not require both spouses to agree that they have separated. It simply requires one spouse to communicate to the other that the relationship is over.
For a couple who are considered spouses but did not marry, there are important steps that should be taken, like dividing property and updating wills, but no other formal steps must be taken to dissolve the relationship itself.
For a couple that has married and separated, they will continue to be legally married until a court grants a divorce.
The One-Year Separation Requirement
In British Columbia, a divorce can be finalized on one of three grounds for divorce. The most common of these is proving that you and your spouse have been living separately and apart for at least one year. A couple can be separated and still living under the same roof.
This separation period is mandatory if you are filing on the grounds of living separately, even if you both agree on all divorce-related matters.
It is important to note that this one-year period starts from the date of separation, not the date you file for divorce.
The Divorce Process
To get a divorce in British Columbia, it will need to be granted through British Columbia’s Supreme Court. Not to be confused with the Supreme Court of Canada, the British Columbia Supreme Court is not our highest court. There is a courthouse in, or close to, most major municipalities in British Columbia.
First, there needs to have been a ‘breakdown of the marriage.’ Typically, this arises when a married couple has been separated for a year; for most British Columbians, this waiting period of a year will be necessary before a divorce will be given.
There are, however, exceptions. A breakdown of the marriage can also occur before the one-year period if adultery or ‘cruelty’ has taken place during the marriage (cruelty being a bit of a dated term meaning mental or physical abuse). If the person seeking a divorce has a spouse who has treated them with cruelty or committed adultery before they separated, they can bypass the one-year waiting period to expedite the granting of a divorce.
Can You Skip the Separation Period?
Trying to bypass the one-year waiting period by making claims of cruelty or adultery turns a divorce into a very complex issue. The court has also noted that it does not want people making a claim for a divorce on the basis of adultery or cruelty except in extraordinary circumstances. If you are considering seeking a divorce on the grounds of cruelty or adultery to skip the one-year waiting period, you should talk to a lawyer first.
Note that a breakdown of the marriage is not the only requirement to get a divorce. If you have children, the court will ensure they are being adequately cared for, which typically includes child support being paid, before granting a divorce. And either you or your spouse must have been living in British Columbia for at least a year to go through the British Columbian courts.
Do You Need a Lawyer to Get Divorced in Canada?
The simple answer is no. Like separation agreements, seeking legal counsel isn’t necessary if you’re navigating separation or divorce, but it may not be advisable to figure it out on your own. A trusted separation and divorce lawyer can make sure you are aware of your rights and responsibilities related to either separation or divorce and ensure that the best outcome for you and your family is achieved.
Some law firms in British Columbia, like Align Family Law, offer personalized services to Canadians filing for divorce, giving you the autonomy to decide how much or little you want us involved. Our options include:
- Full representation through to resolution
- Various flat fee services
- Divorce-only packages
- Independent legal advice
Whether you need full representation through resolution, would just like us to help with one specific part of your case, or simply need some legal advice, we are here to support you and your family during a separation or divorce and will help guide you through every step of the process.
Contact our Separation and Divorce Lawyers in Victoria and Kimberley, British Columbia
Whether you are at the very beginning of a separation or ready to file for divorce, Align Family Law works with clients in Victoria, Kimberley, and across British Columbia to move through the process as efficiently and amicably as possible.
We offer a range of services designed to fit where you are in the process, from an initial consultation to full representation, flat-fee services, divorce-only packages, and legal coaching for self-represented clients. Our goal is to give you clarity on what to expect, help you resolve issues without unnecessary delay, and support you in moving forward.
Book a consultation with our BC family law team today, or call us at +1 250-940-3599. We serve clients throughout Victoria, Kimberley, and across British Columbia in person and virtually.
Frequently Asked Questions About How Long Divorce Takes in British Columbia
1. Do I have to wait a full year before filing for divorce in BC?
Not necessarily. You can file your divorce application before the one-year separation period is up. However, the court will not grant the divorce order until at least one year of separation has passed, unless you are filing on the grounds of adultery or cruelty. For most people, the one-year separation period is a practical reality of the BC divorce timeline.
2. How long does an uncontested divorce take in BC?
An uncontested desk order divorce in BC typically takes four to six months from the date of filing. This includes the 30-day response period, court processing time of four to eight weeks, and the 31-day period before the divorce order takes effect. A joint application can shorten this slightly by removing the response period.
3. How long does a contested divorce take in BC?
A contested divorce in BC typically takes between one and three years, depending on the complexity of the issues and court scheduling. Cases involving significant assets, business interests, or disputed parenting arrangements can take longer. Resolving disputes through mediation or collaborative family law before going to court can significantly reduce this timeline.
4. When does a divorce become final in BC?
A divorce order in BC becomes legally effective 31 days after the judge signs it. Until that date, the order can be appealed, and neither party can legally remarry. Once it takes effect, you can request a divorce certificate from the court confirming the divorce and the date it came into force.
5. Can I speed up my divorce in BC?
You cannot change the one-year separation requirement or court processing times, but you can take steps to avoid delays. Resolving property, support, and parenting issues before filing (through negotiation, mediation, or collaborative family law) puts you in the best position for a faster outcome. Filing a joint application with your spouse also removes the 30-day response period.
6. Do I need a lawyer to get divorced in BC?
No, BC law does not require you to have a lawyer to file for divorce. However, navigating the process on your own, particularly if there are unresolved issues, can be complex and mistakes can cause delays. Align Family Law offers legal coaching for self-represented clients who want professional guidance at key stages without full representation, as well as flat-fee divorce-only packages for straightforward cases.
