Divorce, while often a difficult decision, can mark a new beginning for individuals seeking to move forward with their lives. Whether you’ve reached this point after careful consideration or due to unforeseen circumstances, it’s important to approach the process with clarity and support.
At Align Family Law, our divorce and family law lawyers understand the profound impact these situations can have on your life, family, and future. With our compassionate and experienced team by your side, you can move forward confidently, knowing that you have a trusted partner committed to your well-being and your future.
In this blog, we will walk you through British Columbia’s rules for grounds (or reason) for asking for a divorce, helping you understand what each one means and how it could apply to your situation.
What Constitutes the Irretrievable Breakdown of a Marriage in Canada?
In British Columbia, the sole grounds for divorce is the irretrievable breakdown of the marriage.
This legal term means that the relationship has deteriorated to the point where there is no possibility of reconciliation.
While the concept may seem straightforward, there are specific legal criteria that must be met to establish this breakdown:
1. One Year of Separation
This is the most common and frequently utilized ground for divorce in British Columbia. You and your spouse must have lived separately for at least one year to satisfy this requirement. You can be separated and still living under the same roof and only one person needs to desire the separation.
The key is to demonstrate that one of you has communicated the intention to separate to the other.
2. Adultery
In British Columbia, adultery can also serve as grounds for divorce if your spouse has engaged in an affair.
3. Cruelty
Cruelty, whether physical or mental, can also be grounds for divorce if it renders continued cohabitation intolerable. The cruelty must be severe enough to make it impossible to continue living together.
No-Fault Divorce in Canada
It’s important to understand that Canada operates under a “no-fault” divorce system. This means:
- No Need to Assign Blame: You don’t need to prove that your spouse was at fault or did something wrong to obtain a divorce. The focus is on the breakdown of the marriage rather than assigning blame.
- Considering Other Issues: The reasons for marriage breakdown have nothing at all to do with the court’s consideration of issues like parenting orders, spousal support, etc., and will have no impact on how the court addresses these legal issues.
How a British Columbia Divorce Lawyer Can Support You Through the Process
Navigating the legal process of divorce can feel overwhelming, but you don’t have to face it alone.
Our divorce lawyers are committed to guiding you through every step with empathy and professionalism. Their role is to help you understand your rights and options, ensuring that you feel supported and informed throughout the process.
- Explaining the Legal Requirements: A divorce lawyer will walk you through the legal grounds for divorce, ensuring you fully understand your options and the steps involved.
- Document Preparation and Filing: We can assist you in gathering all necessary documentation, prepare your divorce application and file it with the court efficiently and correctly.
- Negotiation and Mediation: If you and your spouse are open to resolving issues amicably, your lawyer can help to facilitate negotiations or mediation. Our goal is to help you reach a fair and mutually agreeable settlement, minimizing conflict and stress.
- Litigation (if necessary): When an amicable resolution isn’t possible, a divorce lawyer will represent you in court. We will advocate for your rights, ensuring that your voice is heard and your interests are protected.
Every divorce situation is unique, and a reliable divorce lawyer tailors their services to meet your specific needs and goals. No matter where you are in your divorce journey, Align Family Law is committed to providing you with the support, guidance, and advocacy you need.
Contact Our British Columbia Divorce Lawyers at Align Family Law Today
If you’re contemplating divorce in Victoria or anywhere in British Columbia, our divorce lawyers are available for an initial consultation with you. With years of experience in family law, we are committed to providing you with the legal services you need to navigate this challenging time confidently. Our client-focused approach ensures that your needs are at the forefront of everything we do.
