CONSCIOUSLY UNCOUPLING
It is said that the only antidote for loneliness is contentment. When you feel misunderstood and the relationship you once knew has permanently or fundamentally changed, ending your relationship formally by way of a divorce may be the route to rebuilding yourself and your happiness. British Columbia divorces can be applied for when one spouse has resided in BC for at least one year. Divorces can be sought independent or together with dealing with other family law interests such as spousal support or division of property. They can be mutually agreed or contested. At Open Door Law, our divorce practice emphasizes uncontested or mutually agreed upon divorce filings however we are able to advise and assist when consent, cooperation and mutual agreement is lacking as well.
BASIS FOR DIVORCE
The basis for divorce in BC has to be either that the spouses have been living separate and apart for at least one year, one of the spouse’s has committed adultery or one of the spouses treated the other spouse with physical or mental cruelty that lead to the marriage being untenable by the party seeking the divorce. Most divorce applications rely on the one year separate and apart rule. It is important to note that a couple can reside under one roof and still be separate and apart. In situations where there was infidelity or cruelty, and this can be proven in court, a divorce may be sought immediately without waiting for a full year but the cost to prove the infidelity or cruelty may outweigh the benefit of simply waiting out the one year before filing for divorce.
UNCONTESTED DIVORCES
Uncontested divorces are the least costly and most efficient way to obtain the formal court order ending a marriage within the province of British Columbia. In an uncontested divorce application, either party may apply to the court for a divorce but instead of having to serve the other spouse and speak to the application in court, the application will be granted if the divorce forms are prepared correctly so as to meet the court’s requirements for divorce.
A NOTE ABOUT CHILDREN IN A DIVORCE
Where there are dependent children of a marriage which generally means either children under the age of 19 years of age or children who are 22 years or less and in full time post-secondary studies, BC courts wants to know that reasonable arrangements for the support of any children of a marriage have been made before they consider a divorce application. This requirement is ordinarily satisfied by confirming to the court that child support is being paid in accordance with the federal Child Support Guidelines or where deviations exist, to explain the basis for the deviation.
here for you when you need us
We absolutely understand that divorcing is one of the hardest things a person can do and it requires a steady mind and a good advisor to help ensure that your interests are protected and your options are known to you. If we can be of assistance, please let us know by booking a consultation to discuss your situation with us. If you feel that you are at the stage of moving forward with an uncontested divorce and your ex is also in agreement, complete a divorce intake form and send it to your office and we will book you in to discuss your situation.
Ready to file for a Divorce?
Fill out our General Consultation Form or Uncontested Divorce Form to discuss your situation.