What is divorce?

Divorce is the legal end to marriage. To get a divorce, you must have been legally married in Canada or in any other country.
You can separate without getting a divorce. But you must get a divorce before you can marry again.

What is the reason for divorce?

You can apply for divorce if your marriage has broken down. This is the only reason for divorce in Canada.
Your marriage has broken down if:
• you and your spouse have not lived together as a couple for one year; or
• your spouse had sex with someone else after you married (adultery); or
• your spouse treated you with physical or mental cruelty.
Sometimes you may still be in the same house, but you have not lived together as a couple for one year.
In cases of adultery and physical and mental cruelty, you can apply right away for divorce. If you do this, you go to court to prove your case. Sometimes people decide just to wait the one year.

Can there be a divorce if only one of us wants it?

Yes. If one spouse wants a divorce, the marriage has broken down.

Can I get a divorce if I am not a Canadian citizen?

Yes. You do not have to be a Canadian citizen to get a divorce.

Who can apply for the divorce?

In B.C. you can apply for divorce if:
• you have proof that you were legally married; and
• you or your spouse has lived in B.C. for 12 months before you apply.
Either of you can apply or you can apply together.

Which court deals with divorce?

The Supreme Court of British Columbia grants divorces.

Do I need a lawyer?

If you both agree about the issues arising out of your separation (such as custody, access, child & spousal support, property division), you may be able to do your own divorce documents.

The Legal Services Society (family law website) has an online divorce self-help guide. There is also a booklet available online called Do It Yourself Divorce in BC.

If you cannot agree about the issues arising out of your separation and divorce, you should obtain legal advice. Mediation is also a useful resource once you have information and legal advice and know more about the law and your rights. A mediator is a neutral third party who can help resolve your family conflicts however they are not able to provide legal advice when they are acting as your mediator

Who will help me?

There are organizations that provide support so that you can make your own decisions about what is best for you. Ask your settlement worker who to contact.

To find information and help in your own language, go to Clicklaw at: www.clicklaw.bc.ca/content/languages.

The B.C. Supreme Court Self-Help Information Centre at 800 Hornby Street, Vancouver, provides a free drop-in information service.

This article is legal information and not legal advice. For more information read booklet: Living Together, Living Apart: Common-law relationships, marriage, separation, and divorce. The booklet is available in Arabic, Chinese (traditional), English, Farsi (Persian), French, Korean, Spanish and Vietnamese. Published by the Legal Services Society, 2009. Available at: www.familylaw.lss.bc.ca

This Project is made possible through funding from the Government of Canada and the Province of British Columbia