Navigating the waters of divorce can be challenging, but in British Columbia, an uncontested divorce (sometimes called an undefended divorce, desk-order divorce, or amicable divorce) offers a streamlined path for couples seeking to end their marriage amicably.
In this blog, we’ll explore exactly what an uncontested divorce entails in British Columbia, who might benefit from this approach, and how our seasoned and compassionate family lawyers at Align Family Law can assist you with one of the most straightforward methods of legally ending a marriage in our province.
What Qualifies as an Uncontested Divorce?
For those wondering if an uncontested divorce is right for them and their situation, it’s essential to understand the criteria that define this method:
- Both spouses agree to the divorce;
- Neither spouse is contesting any issues related to the separation;
- All matters such as property division, spousal support, and parenting matters (if applicable) have been settled
Agreement is key and the cornerstone of an uncontested divorce, ensuring a smoother and less adversarial process. If there are any disputes or contested issues, the divorce cannot be considered uncontested.
The Process of Uncontested Divorce in British Columbia
In British Columbia, the divorce process unfolds through a series of distinct steps, each crucial to the dissolution of the marriage.
Initiated by one spouse filing a claim with the BC Supreme Court, the process continues with serving necessary documents to the other spouse, honoring a mandatory waiting period, and concludes with finalizing the documents with the court.
Here’s a full breakdown put together by our separation and divorce lawyers:
Filing the Claim: One spouse (the claimant) files a divorce claim with the Supreme Court of British Columbia.
- Serving the Documents: The claimant serves the divorce documents to the other spouse (the respondent).
- Response Period: The respondent has 30 days to file a response. In an uncontested divorce, they often choose not to respond.
- Apply for the Divorce Order: After the response period, the claimant can apply for the Divorce Order.
- Review by the Court: A judge reviews the application. If everything is in order, they grant the divorce.
- Divorce Order: The divorce becomes final 31 days after the judge grants the order.
Benefits of an Uncontested Divorce
Uncontested divorces offer several advantages for couples seeking a smoother and more amicable separation. These benefits include:
- Faster Process: Uncontested divorces are typically quicker than contested ones.
- Lower Costs: With less court time and legal wrangling, costs are usually reduced.
- Less Stress: The amicable nature of the process can minimize emotional strain.
- Privacy: Less court involvement means more privacy for the divorcing couple.
At Align Family Law, we believe that people and relationships matter. That’s why we value methods for separation and divorce that prioritize collaboration and open communication to minimize the emotional and financial toll on our clients.
Seeking Legal Advice for Divorce in British Columbia?
Contrary to popular belief, you’re not legally required to retain the services of a lawyer in order to file for divorce. However, it can be difficult to navigate the process on your own.
At Align Family Law, we recognize that every divorce is unique, and so are the needs of each individual going through it. We offer a range of services to empower our clients to choose the level of support that best suits their specific situation.
Whether you opt for a divorce-only package or prefer legal coaching, we strongly recommend consulting with a lawyer before proceeding with an uncontested divorce. This ensures you are fully informed about your options and equipped with the necessary tools to navigate this complex process successfully.
Contact Our British Columbia Family Lawyers at Align Family Law Today!
An uncontested divorce in British Columbia offers a streamlined, cost-effective way for couples to end their marriage when they’re in agreement about the terms. However, it’s crucial to ensure that this option is right for your specific situation.
At Align Family Law, we’re here to guide you through the process, whether you’re pursuing an uncontested divorce or need assistance with a more complex separation.
With offices conveniently located in Victoria, Kimberley, and Vancouver, we are proud to serve families throughout British Columbia. And we are here to help you create a personalized plan that paves the way toward your next chapter.
Contact us online or call (250) 940-3599 to start the conversation.
