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Several Factors Affect Divorces in British Columbia

February 4, 2016 by West Coast ADR

When you are going through a divorce in British Columbia, there are several things that you must consider. One of these factors is how you will handle the divorce. If you and your spouse both agree that the marriage is over, you might decide to file for an uncontested divorce. In this type of divorce, one spouse will file for the divorce and the other spouse has to agree to it.

In an uncontested divorce, both spouses must agree on the grounds for the divorce. Unless there are accusations of abuse or adultery, you might not even have to step foot in court. Of course, you and your spouse will have to agree on all the aspects of the divorce. This can include how you will divide property and debts.

If you are planning on filing for a divorce here, you must be prepared to wait. You have to be separated for at least 12 months before you can become divorced. It doesn’t matter if your divorce is a fault divorce or a no fault divorce, the time limit still applies.

It is important to note that most divorces are handled as no fault divorces. The only instances in which a fault divorce would be appropriate are those in which one spouse has been abusive or adulterous. In those cases, the wronged spouse could file for a fault divorce.

Because divorce is such a major life event, you should make sure that you are well prepared when you are going through the process. This includes getting all of the questions you have answered so you are fully informed.

Source: FindLaw Canada, “Getting a divorce — FAQ,” accessed Feb. 04, 2016

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