Divorce Residency Essentials to Get Divorce in British-columbia
In British Columbia, an individual who files for divorce is referred to as the petitioner. The other spouse is called the defendant or respondent. Either spouse can file for divorce, or both can file together as “co-petitioners.” An uncontested divorce in British Columbia is called an affidavit divorce. This just means that both spouses agree on the terms of the divorce.
When filing your divorce without an attorney in British Columbia, you can file in the city or municipality that either of the petitioners live. If they live in different cities, you may have a choice. If there are children as a result of the marriage, you will need to file where they live.
When filing for divorce in B.C you will need to present a marriage certificate. If neither party has this document, it is can be obtained from the Vital Statistics Agency. You do not need to wait for the document before beginning the filing process with OnlineDivorceSolutions.com.
The Divorce Act of Canada, passed in 1986, is an act that sets the grounds for divorce throughout the country. It lays out the at-fault and no-fault reasons for divorce and provides the basis for spousal and child support as well as the basis for child custody. It is vital to remember, however, that debt and property distribution is covered under the laws of each province or territory.
OnlineDivorceSolutions.com provides all of the forms you will need to file divorce under the Divorce Act of Canada. We also offer the optional separation agreement which covers the property and debt issues of a divorce. To process the final divorce, you and your spouse will need to reach a full agreement on all property and debt issues. If you cannot reach an agreement, you will need to contact an attorney and proceed in that manner.
Residency Requirements for Uncontested Divorce in British Columbia
You can file your divorce forms in the province or territory where either spouse has established residency for at least a full year. If there are children involved in the divorce, it will need to be filed where the children live.
Reasons for Divorce in British-columbia
There are three distinct grounds or reasons for divorce in Canada. They include:
- Separated - This is a no-fault judgment. The spouses must have lived apart for a year. The divorce may be filed before the year has passed, but a decision won’t be issued until after a year. It is possible for spouses to live in the same home as long as at least one of the spouses intends for there to be separation implied. This is not usually questioned.
The second and third grounds for divorce are only available to the person who files; meaning that the one who committed the act cannot petition for divorce. These grounds do not have a waiting period but may be more difficult to establish. It is often impossible to utilize one of these grounds when filing a joint petition.
Property Distribution in British-columbia
Property and debt division are covered by local law. As such, these issues will vary from case to case. It is generally expected that property obtained during marriage is shared and there is some mechanism utilized to divide it. An agreement for distribution must be met for spouses to utilize the inexpensive OnlineDivorceSolutions.com divorce service.