To get divorced, you need to get a divorce order under the Divorce Act. In BC, only the Supreme Court can grant this order. To get a divorce order, you have to start a court case. This is so even if you and your spouse agree on everything and don’t need the court to make an order about anything other than the divorce.
To get a divorce order, you must prove your marriage has broken down. You can prove this in one of three ways: by living separate and apart for at least one year, through adultery, or through cruelty. Our page on the requirements for divorce explains these concepts.
A desk-order divorce is a process that lets you get a divorce order without going to court. It’s also called an “undefended” or “uncontested divorce”. For the steps involved, see our page on getting a desk-order divorce.
This information applies to British Columbia, Canada
Reviewed in March 2019