I've been living in B.C. for many years, but my spouse lives in another province. Can we still get divorced in B.C.?
I've been living in B.C. for many years, but my spouse lives outside of B.C. Can we still get divorced in B.C.?
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<p>Yes. If you've been living in B.C. for at least one year and continue to live in B.C., you can apply for
divorce in BC Supreme Court. The Canada Divorce Act states that a provincial court can deal with a
divorce in BC Supreme Court. The Canada Divorce Act states that a provincial court can deal with
divorce proceedings when either spouse has been living in the province for at least one year immediately
before applying.
</p>
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<p><em><strong>Ordinarily Resident</strong><br/>
The legal definition of “ordinarily resident” is: the place where in the settled routine of an individual's
life, he or she regularly, normally or customarily lives.
“Ordinarily” is the word is used in s. 3(1) of the Divorce Act…. A court in a province has
jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily
resident in the province for at least one year immediately preceding the commencement of the
proceeding.</em></p>
<p><em>A detailed explanation of the <ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html"target="_blank">meaning of ordinarily resident</a> can be found on the Department of Justice website.</em></p>
Before you can apply for divorce in B.C. it is required that you or your spouse has lived in B.C (ordinarily resident)
for the last year. You can use this Divorce Service but you will not be able to submit your divorce application to
the registry until you or your spouse has lived in the province for one year.
</p>
<p>
Another option is to see if you are eligible to apply for divorce in the province/ territory that
you have most recently lived in prior to moving to B.C.<br>
More information on
<ahref="http://www.justice.gc.ca/eng/fl-df/pt-tp/index.html"target="_blank">How to Apply for a Divorce in other provinces and territories</a>
can be found on the Department of Justice website.
</p>
<p>Before you can apply for divorce in B.C. it is required that you or your spouse has lived in B.C (ordinarily resident) for the last year. You can use this Divorce Service but you will not be able to submit your divorce application to the registry until you or your spouse has lived in the province for one year.</p>
<p>Another option is to see if you are eligible to apply for divorce in the province / territory that you have most recently lived in prior to moving to B.C. More information on <ahref="http://www.justice.gc.ca/eng/fl-df/pt-tp/index.html"target="_blank">How to Apply for a Divorce in other provinces and territories</a> can be found on the Department of Justice website.</p>
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<h2>Ordinarily Resident</h2>
<p>
The legal definition of “ordinarily resident” is: the place where in the settled routine of an individual's life, he or she regularly, normally or customarily lives.
</p>
<p>
“Ordinarily” is the word is used in s. 3(1) of the Divorce Act…. A court in a province has jurisdiction to hear and determine a divorce
proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.
</p>
<p>
A detailed explanation of the <ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html"target="_blank">meaning of ordinarily resident</a> can be found on the Department of Justice web site.
<p>Starts when one spouse decides that things have come to an end/the relationship is over, and then act on the decision.</p>
<p>
There is no such thing as a "legal separation." If you're married or in a common-law relationship,
you become separated as soon as you and your spouse start living apart with at least one of you wanting to separate.
You don't need your spouse's permission to start living separately. You can tell others that you wish to separate,
but you don't have to see a lawyer, sign a document, or go to court to be separated.
</p>
<p>
You might even still live in the same house to save money, but you're usually still considered separated
if you don't share things like meals, a bedroom, and social activities.
</p>
<p>Starts when one spouse decides that things have come to an end/the relationship is over, and then act on the decision. </p>
<p>There is no such thing as a "legal separation." If you're married or in a common-law relationship, you become separated as soon as you and your spouse start living apart with at least one of you wanting to separate. You don't need your spouse's permission to start living separately. You can tell others that you wish to separate, but you don't have to see a lawyer, sign a document, or go to court to be separated.</p>
<p>You might even still live in the same house to save money, but you're usually still considered separated if you don't share things like meals, a bedroom, and social activities.</p>
<p>If you cannot remember the exact date you separated then enter:</p>
<p>If you cannot remember the exact date you separated then enter:</p>
<ul>
<li>the month you decided to separate from your spouse</li>
<li>the last day of that month</li>
<li>year</li>
<li>
the last day of that month in which you decided to separate from your spouse, and;
</li>
<li>
year
</li>
</ul>
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<p>When two people who have been living together in a marriage, or a marriage-like relationship (sometimes called a common-law relationship), decide not to live together any more, they are separated.</p>
<p>There is no such thing as a "legal" separation. If you are living apart, you are separated.</p>
<p>It is possible to be separated and still living in the same home where a clear intention of a permanent separation has been communicated and acted upon.</p>
can be found on the Court Services Branch web site: Supreme Court - Provincial Court.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a>
that may be required for a Joint Divorce can also be found on the Legal Services Society web site.</p>
<p>Sorry but at this point in time you will need to complete your application for divorce using the Supreme Court of B.C. forms (PDF). The <ahref="http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm"target="_blank">forms</a> can be found on the Court Services Branch website: Supreme Court - Provincial Court.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can also be found on the Family Law website. </p>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, attending post secondary institution" data_target_id="need_support" data_reveal_target="true" data_target_class="not-disqualified-other" data_reveal_class="false" %}Yes, attending post secondary institution</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, due to disability" data_target_id="need_support" data_reveal_target="true" data_target_class="not-disqualified-other" data_reveal_class="false" %}Yes, due to disability</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, due to illness" data_target_id="need_support" data_reveal_target="true" data_target_class="not-disqualified-other" data_reveal_class="false" %}Yes, due to illness</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, other reason" data_target_id="need_support" data_reveal_target="true" data_target_class="not-disqualified-other" data_reveal_class="false" %}Yes, other reason(s)</label></div>
provided on the Supreme Court of B.C. website. (PDF).</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a>
that may be required for a Joint Divorce, as well as an overview of the divorce process,
can be found on the Legal Services Society web site.</p>
<p>Sorry but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the <ahref="http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm"target="_blank">forms provided</a> on the Supreme Court of B.C. website.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce, as well as an overview of the divorce process, can be found on the <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/"target="_blank">Legal Services Society website</a>. </p>
on the B.C. Government website." >registration of marriage<iclass="fa fa-question-circle"aria-hidden="true"></i></span>)?</h3>
title="<b>Registration Marriage Certificate</b><br/><br/>The Registration of Marriage is the document issued by Vital Statistics
(an office run by the provincial government) along with the Marriage License. This document would have been signed by you and your
spouse, the person who married you (the officiant) and your wedding ceremony witnesses. Within 48 hours of the wedding, the officiant
would have submitted the registration to the Vital Statistics Agency where the registration information becomes a permanent legal record.
Vital Statistics cannot issue a marriage certificate until the marriage is registered.
<br/><br/>
For more information, please refer to the <ahref='http://www2.gov.B.C..ca/gov/content/life-events/marriages/marriage-registration/certified-copies-and-certified-electronic-extracts-of-a-marriage-registration'target='_blank'>Marriage Registration page</a>
on the B.C. Government website." >registration of marriage<iclass="fa fa-question-circle"aria-hidden="true"></i></span>)?</h3>
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@ -52,18 +52,13 @@
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<p>If you were married in B.C. you can get a copy of your marriage certificate or a certified copy of
Vital Statistics</a> (an office run by the provincial government).</p>
<p><b>If You Were Married in Another Province</b></p>
<p>If you were married in another province you need to get the official marriage certificate or
registration of marriage from the office equivalent to the department of vital statistics in that
province.</p>
<p><b>If You Were married in Another Country</b></p>
<p>Contact the office responsible for marriage records in the country where you were married.</p>
<p>If you were married in B.C. you can get your marriage certificate or a certified copy of the registration of marriage from <ahref="http://www2.gov.bc.ca/gov/content/life-events/marriages"target="_blank">Vital Statistics</a> (an office run by the provincial government).</p>
<p><strong>If You Were Married in Another Province</strong><br/>
If you were married in another province you need to get the official marriage certificate or registration of marriage from the office equivalent to the department of vital statistics in that province.</p>
<p><strong>If You Were married in Another Country</strong><br/>
Contact the office responsible for marriage records in the country where you were married.</p>
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If you can't get your marriage certificate before your case begins, state that on the court forms and explain why.
You may be able to file your marriage certificate later if the
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>" >court registrar<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make certain decisions (such as whether or not a divorce
application without an original marriage certificate will be accepted).</a>" >court registrar<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
is satisfied that you had a good reason for not filing this document sooner. If the court registrar is dissatisfied
with your reason for not filing your marriage certificate, you will be unable to file your claim for divorce until the document can be produced.
</p>
@ -101,9 +96,9 @@
Registries are located in courthouses <atarget='_blank'href='http://www.courts.gov.bc.ca/supreme_court/court_locations_and_contacts.aspx'>around the province</a>." >registry<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
title="<b>Notice of Joint Family Claim</b><br/><br/>This is the document that start the court case.
The Notice of Joint Family Claim (form F1) gives the court details about you and your spouse, about your marriage
and separation, and about what you're asking the court for.</a>" >Notice of Joint Family Claim<iclass="fa fa-question-circle"aria-hidden="true"></i></span>(form F1).</p>
title="<b>Notice of Joint Family Claim</b><br/><br/>This is the document that start the court case. The Notice of
Joint Family Claim (form F1) gives the court details about you and your spouse, about your marriage and separation,
and about what you're asking the court for.</a>" >Notice of Joint Family Claim<iclass="fa fa-question-circle"aria-hidden="true"></i></span>(form F1).</p>
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>" >court registrar<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
will review and then decide whether or not they will accept your reason(s). You will be asked for this detail later in this online tool.</p>
will review and then decide whether or not they will accept your reason(s). You will be asked for this detail later in this online tool.</p>
</div>
<h3>Please tell us why it is impossible to obtain a marriage certificate or registration of marriage.
The registrar will review and then decide whether or not they will accept your reason(s).</h3>
The registrar will review and then decide whether or not they will accept your reason(s).</h3>
title="<b>Affidavit of Translation</b><br/><br/>The affidavit of translation is an affidavit sworn by
a translator before a notary or commissioner for taking affidavits. " >Affidavit of Translation<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
with the English translation attached as exhibits. A translator can help you do this.</p>
<p><b>If you were married in Quebec and your marriage certificate is in French</b><br/>
If your marriage certificate is in French, the registry may require you to get it translated into English. Contact your
to find out what its rule is about marriage certificates in French.</p>
<p>Sorry but at this point in time you will need to complete your application for divorce using the Supreme Court of B.C. forms (PDF). The forms can be found on the Court Services Branch website. <http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm></p>
<p>A listing of forms that may be required for a Joint Divorce can also be found on the <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">Family Law of B.C. website</a>. </p>
<p><strong>Proof of Marriage Translation</strong><br/>
You need to get your proof of marriage translated by a certified translator if it is not t in English. Ask the translator to give you an Affidavit of Translation. You'll then need to file at the court registry both the original marriage certificate/registration of marriage and the <spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>Affidavit of Translation</b><br /><br />The affidavit of translation is an affidavit sworn by a translator before a notary or commissioner for taking affidavits.">Affidavit of Translation<iclass="fa fa-question-circle"aria-hidden="true"></i></span> with the English translation attached as exhibits. A certified translator can help you do this.</p>
<p><strong>If you were married in Quebec and your marriage certificate is in French</strong><br/>
If your marriage certificate is in French, the registry may require you to get it translated into English. Contact your <ahref="http://www.courts.gov.bc.ca/supreme_court/court_locations_and_contacts.aspx"target="_blank">Supreme Court registry</a> to find out what its rule is about marriage certificates in French.</p>
<p>If you ask for a divorce due to "other reasons", you have to present evidence to the court to prove the facts of the adultery or physical or mental cruelty.</p>
<p>At this point in time you will need to complete your application for divorce using the PDF version of the forms. The
can be found on the Court Services Branch web site: Supreme Court - Provincial Court.</p>
<p>If you ask for a divorce due to "other reason" reasons, you have to present evidence to the court to prove the facts of the adultery or physical or mental cruelty.</p>
<p>At this point in time you will need to complete your application for divorce using the PDF version of the forms. The <ahref="http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm"target="_blank">forms</a> can be found on the Court Services Branch website: Supreme Court - Provincial Court.</p>
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<h3>Grounds for Divorce</h3>
<p>Canada has no-fault divorce. The only ground for a divorce in the Divorce Act is marriage breakdown. The Divorce Act says you can show your marriage has broken down if any ONE of the following criteria applies to you:</p>
<p>You have been living apart for one year or more. Your spouse has been physically or mentally cruel to you.</p>
<p>Your spouse has committed adultery. If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days (either before or after you file the application) to try to reconcile. If things do not work out, you can continue
your action for divorce as if you had not spent the time together.</p>
<ul>
<li>You have been living apart for one year or more.</li>
<li>Your spouse has been physically or mentally cruel to you.</li>
<li>Your spouse has committed adultery.</li>
</ul>
<p>If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days (either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for divorce as if you had not spent the time together.</p>
<p>Some couples choose to separate but still live in the same house. A lawyer can tell you what factors courts may consider when they are deciding if you are separated.</p>
<div>
<p>You can also get a divorce if:</p>
<ul>
<li>you or your spouse has committed adultery (been unfaithful) that hasn't been forgiven, or</li>
<li>your spouse treated you with physical or mental cruelty that you haven't forgiven, which makes it impossible for you to continue to live together.</li>
</ul>
<p>To get a divorce for these reasons you have to prove these things in court.</p>
<p>The majority of divorces are uncontested or undefended divorces (about 80 percent). That means that the divorcing couple have settled on how they're going to settle their parenting, support, and property issues. But they still need a court order for
the divorce.</p>
</div>
<p>You can also get a divorce if:</p>
<ul>
<li>you or your spouse has committed adultery (been unfaithful) that hasn't been forgiven, or</li>
<li>your spouse treated you with physical or mental cruelty that you haven't forgiven, which makes it impossible for you to continue to live together.</li>
</ul>
<p>To get a divorce for these reasons you have to prove these things in court.</p>
<p>The majority of divorces are uncontested or undefended divorces (about 80 percent). That means that the divorcing couple have settled on how they're going to settle their parenting, support, and property issues. But they still need a court order for the divorce.</p>
Foley Lynn
8 years ago