(SSSD)Introduction

Introduction

Who this guide is for

This guide is for someone who wants to make a sole application for a simple, uncontested divorce. This means you and your spouse both agree on all your family law issues and only need to apply for a divorce order. Only you will file for divorce. The other person doesn't have to file anything in a sole uncontested divorce.

Use this guide if all the following statements are true:

  • You want to file for divorce in BC.
  • You and the other person agree about getting a divorce.
  • You already have written agreements or orders for:
    • parenting,
    • child support,
    • spousal support, and
    • how to divide your property and debt.
  • One of you has lived in BC for at least one year right before you start your divorce and is living in BC when you start the divorce proceeding.
  • You've been separated for at least one year.
  • You're not applying for divorce on the grounds of cruelty or adultery.

What if this guide isn't for you?

If you and the other person don't agree about your family law issues, your divorce is contested. The contested divorce process is more complicated. You can't use this guide to get a contested divorce.

Read Contested divorce for more information.

Make sure you:

Once you've completed a separation agreement or applied for court orders, you can start to use this guide for your divorce.

There are people who can help you reach an agreement. If you and your spouse both agree, you can use our step-by-step guides to get court orders.

If you haven't settled some of your issues, you can ask the judge to make orders about parenting, support, or property when you fill out your Notice of Family Claim in Step 3. But you and the other person must both agree on what you want the judge to order. If you have children, the judge must be satisfied that you've made reasonable arrangements for parenting and child support. If not, you might have to go though the court process. Talk to a family lawyer before going to court.

If your issues were settled in orders from the Supreme Court instead of Provincial Court, the divorce process is more complicated and your situation might not be suited to this guide. It's a good idea to get legal help to figure out your next step.

If you haven't been separated for a year, you can complete Steps 1 to 4 of this guide. You have to wait until you've been separated for a year before you complete Step 5.

If you've been separated for less than one year and you want to apply for a divorce on the grounds of adultery or cruelty, it's a good idea to get help from a lawyer.

How long does it take to do your own divorce?

It's possible to do your divorce in four to five months once you've settled all your issues. But there are wait times, and it might take longer if:

  • your Supreme Court registry is busy,
  • one person lives outside the court registry's jurisdiction, or
  • your application is rejected and needs to be resubmitted.

How much does it cost to do your own divorce?

You'll pay a few different court fees when you apply for a divorce:

  • The fee to open a family law case with the Supreme Court:
  • $30 — if you've already filed a separation agreement with the Court (it will have a court file number on it that you can use for your divorce application), or
  • $200 — if you don't have a filed separation agreement and the Notice of Family Claim is the first court document you're filing.
  • $10 to file the Registration of Divorce Proceedings form.
  • $80 to make the final application.

You might also have to pay for:

  • making photocopies of your documents,
  • having your affidavits sworn. It costs around $40 to have this done at the court registry, but places offering notary services might charge different prices,
  • getting a certified copy of your original marriage certificate or registration of marriage. In BC, this costs $27,
  • having your marriage certificate translated into English and getting an Affidavit of Translation, if needed,
  • hiring a process server to serve your documents on the other person, if you choose to hire a professional, and
  • ordering a Certificate of Divorce (Form F56), if you want one. This costs $40.
If you can't afford to pay court fees, see Get an order to waive fees.

Get legal help

Talk to a lawyer

Before you begin your own divorce, meet with a family lawyer to find out about your rights and responsibilities. You and the other person might have a right to spousal or child support or to property, pensions, or other assets that you don't know about. Or you might have to pay spousal or child support or take responsibility for certain debts. The court won't usually order a divorce unless your family law issues (particularly child support) have been settled in an agreement or court order.

To find a lawyer, call the Lawyer Referral Service.

Dividing property and debts

Dividing property and debts can be complicated. If you have property and debt together, get legal advice.

You only have two years from the date of your divorce to claim (start a court action for) spousal support or your share of property and debt. See Dividing property and debts after you separate for more information.

Don't give up any claims you might have for property just to keep your divorce simple. Remember that property can include many things, such as real estate, pensions, RRSPs, and other assets. Get advice from a family lawyer before you make any decisions.

If you can't afford a lawyer

If you can't afford a lawyer, you can get legal help in other ways, including:

Staff at Justice Access Centres in Abbotsford, Nanaimo, Surrey, Victoria, and Vancouver can also answer your questions and help you fill out forms. Call someone who can help or find your nearest office.

If you want to use a mediator, see Making mediation happen in a family law case in Supreme Court. 

Updated on 13 November 2024
Wellness

Work through this guide at your own pace. There's no need to rush.