How Long Does it Take to Get an Uncontested Divorce in BC?
- Firstly, you must be separated from your spouse for more than 1 year (or claim cruelty or adultery, which is hard to prove and doesn’t necessarily make your divorce much quicker).
- After you serve your Notice of Family Claim, you must wait one month if it is uncontested. This means your spouse does not respond to or contest your claim for divorce.
- Once the one month period has passed, you can apply for the next step of divorce.
- Next, the courts can take anywhere between 6 weeks to 4 months to respond, approve, or reject the claim (due to errors in the application).
Typically, it takes between several months to a year to obtain a straightforward, uncontested divorce in BC.
What About Contested Divorces?
In Canada, the vast majority of divorce cases are settled before reaching the trial stage. Depending on how negotiations proceed in your case, most cases are settled within one to two years. Considering the high cost of litigation and going to trial, it makes good economic sense to try to settle before trial.
In 2010/2011, 1% of divorce cases in six provinces and territories had a trial during the year (excludes Ontario since figures for Ontario are not comparable).Note10 Moreover, only 2% of divorce cases that were active in 2010/2011 in the six provinces and territories had ever reached a trial during the case.
Most divorce cases that involved a trial tended to reach the trial 12 months or more after initiation. Close to one-tenth (9%) of trials were held within the first six months of the case, and another 25% were held between six months and one year. However, the remaining 66% were held during the second year (42%) or after two years (24%) (Chart 3). These findings were fairly consistent among the reporting provinces and territories.
The above are excerpts and summaries from.
Learn more about the cost of a divorce in Canada here.
Original link here.