DIVORCE

Every day, couples decide to separate or divorce. While the process of ending a relationship is not an easy one, our experienced lawyers can help you make the right decisions and come to a satisfactory resolution.

We will conduct a thorough assessment of your finances, assets, property, and issues related to your children. We will determine the appropriate course of action, which may include an attempt to negotiate or mediate a settlement.

How can I get a divorce in British Columbia?

When a marriage ends in British Columbia, either of the spouses may apply to court for a divorce. There are three possible grounds to ask for a divorce in Canada: 
  1. The parties have been living separate and apart for over one year,
  2. One person committed adultery, or 
  3. There was mental or physical cruelty committed during the relationship. 
If a person can prove any of these three grounds, a judge of the Supreme Court of British Columbia will grant a divorce. If there are children in the relationship, a judge must also ensure that there is no possibility for reconciliation of the relationship that an adequate amount of child support is being paid.

What should I do when my relationship ends?

British Columbia has “no fault” divorce, meaning the courts are generally not concerned with who behaved badly in the relationship. The courts will be more concerned with establishing who will look after the children, who will pay support, and how family property will be divided. 
Ending a marriage is never easy. In addition to getting a divorce, a couple separating will need to resolve issues about property division, spousal support, child support, or parenting arrangements. The first step is to speak with an experienced family law lawyer will help you understand your rights and entitlements after your relationship ends. Legal advice is essential to ensuring that you receive what you are entitled to under the Family Law Act and the Divorce Act.

Can I annul my marriage?

Instead of a divorce, some people may seek a court order annulling their marriage. This is difficult to do in BC, the court must be given evidence that there was some defect in the marriage at the outset. Common circumstances justifying an annulment are one of the spouses being married to another at the time of the wedding, the spouses being related, or one spouse being underage. Divorce, instead of annulment, is the most common result when a relationship ends.

Steps to Divorce

The divorce process begins by filing a Notice of Family Claim in the BC Supreme Court. Either you or your former partner must be resident in BC when you file. The legal papers must then be served on the opposing party with a process server. If the divorce is uncontested, you can apply for a divorce by filing for a “Desk Order Divorce”. An experienced family lawyer can help you file the appropriate paperwork without it getting bounced by the court registry.


A simple uncontested divorce will usually take anywhere from three to six months depending on how long it takes to serve the opposing party with the legal papers and how fast the court registry processes the application. The lawyers at Virgin Law Group have a tremendous amount of experience in family law and divorce.

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