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Coming to the decision to get a divorce is often a stressful and emotional process. Now that you have reached your decision, you want to be able to move forward as easily as possible. Fortunately, getting divorced in British Columbia can be relatively straightforward. You merely need to fill out the required divorce papers for British Columbia and submit them to your local court to begin the process.
Acquiring your divorce papers for British Columbia online from CompleteCase.com case make the process even easier by getting access to the forms for your specific circumstances. If you qualify for CompleteCase.com’s preparation service you’ll know you are completing the correct forms accurately from the start.
If you and your spouse agree on all the terms of your divorce, such as the need to get divorced, child support and custody issues (if you have children) and spousal support, you can expect your divorce to be completed fairly quickly. If you do not agree on these issues, your divorce may take some time as you work with the court to come to final terms.
If you and your spouse are not able to agree on divorce-related issues, you may find it useful to work with a divorce mediator. Mediation in British Columbia is often an effective way to come to difficult decisions that are acceptable to both sides, saving you both the financial expense and the stress of a drawn out court dispute. If your circumstance is more complicated, you may consider seeking professional legal assistance.
In 2008, according to Statistics Canada, the divorce rate in British Columbia was 20.3 for every 10,000 residents. This number places British Columbia in the middle of divorce rates in Canada. British Columbia only accepts three grounds for divorce – adultery, extreme cruelty or living apart for at least a year due to the breakdown of the marriage. For most people the simplest option is living apart and stating the marriage is broken. This no-fault option avoids the need to prove that one spouse was responsible for the end of the marriage, and minimizes both the costs and the time spent in court. British Columbia requires that either you or your spouse have lived in the province for at least a year before you file.
The divorce papers required for British Columbia will depend on your individual circumstances, such as if you and your spouse agree on everything – an uncontested divorce – or if you have different issues that need to be worked out, such as child custody or child support. Some of the common divorce forms include the “Registration of Divorce”, the “Affidavit of Personal Service” and the “Financial Statement”. When identifying your divorce documents and beginning the process, it is always useful to educate yourself on the basics of divorce in your province. The Family Law website for British Columbia provides useful information about divorce, including a list of frequently asked questions and an explanation of the divorce process.
For many people, the easiest way to get the correct divorce papers and make certain they are filled out correctly is to use CompleteCase.com. By using CompleteCase.com you can move forward with your divorce confidently, sure that you are not going to experience unnecessary delays due to incorrect documents or improperly completed documents.
The only court that can grant a divorce is the Supreme Court of British Columbia. However, you can get court orders on certain issues like child support and child custody in the Provincial court, which can be less expensive and easier than having everything decided by the Supreme Court. If you are fortunate enough to agree with your spouse on all divorce issues, you can go straight to the Supreme Court to file. If you do not, it may be worthwhile to take matters to the Provincial Court first before applying for the actual divorce.
When you are ready to file your divorce papers, you will go to the court registry and submit your documents, along with the required fee. It is recommended to check the court website to make sure you are bringing the correct payment, as the fees may change over time.
When the court staff member files your divorce paperwork, he or she will give you more information about how to move forward with your divorce. Your next steps will vary depending on what forms you filed and your circumstances.
British Columbia requires you to notify your spouse of the divorce proceedings before your application can be processed. Serving your spouse the divorce papers allows him or her to respond to the court and ensures that everyone is treated fairly. There are certain circumstances where you do not need to serve your spouse, such as if you filed jointly for divorce, but most of the time service will be required. Unless the court specifically tells you service is not necessary, make sure you serve the papers immediately after your initial filing.
British Columbia allows you to serve the divorce papers by ordinary service. Ordinary service means you must deliver the divorce order to the address of your spouse, either by mail or by taking to the address yourself. You can also email the document if an email address has been provided as an address for service by your spouse. If you get no response after mailing the divorce order to your spouse's address, you may need to mail it to the last known address to complete your obligation to serve the papers. When the papers have been served, your spouse will need to respond to the court if he or she contests any aspect of the divorce.
After the papers have been served and the court is notified, it will move forward with the divorce. If you are seeking an uncontested divorce, it should be finalized relatively quickly. If you need to argue any terms of the divorce, you can expect it the divorce to take some time.