Within the last ten years, the number of older couples filing for divorce has increased by 50%. While divorce can be a long and emotional process, it is the best option in some settings. If you’re in BC, Canada, you can file for a divorce, whether contested or uncontested.
The Supreme Court in BC only grants a divorce if you’ve stayed in the province for at least one year. Once you prove that your marriage is no longer tenable, you can pursue a divorce. Check this step-by-step guide on how to file for divorce in BC, Canada.
1. Resolve Marital Issues
During a typical separation, conflicts may arise. Each party might have expectations on the division of property or even child support. It would be best if you resolved such conflicts before you can present your request in a divorce court.
Make agreements with your spouse on how to go about child support. If both of you own a house and your incomes are within the same range, you can opt for 50/50 custody. That means that there won’t be payment of spousal or child support.
Once you resolve such conflicts, you can get an order for an uncontested divorce or desk order. You can also file for a contested divorce if you are still conflicting over the property, support, and parenting. However, having an agreement makes the divorce process seamless.
2. Parenting, Child Support, and Custody
The Federal Child Support Guidelines in BC are the ultimate guide in setting the appropriate amount for child support. According to the rules, the amount one pays for child support depends on the number of kids and annual income. A child support calculator will give you precise amounts you ought to contribute monthly.
You can agree on child support without seeking the court’s intervention. However, you need formal agreements to avoid future controversies. The BC child support booklet can give you comprehensive information on matters of child support.
3. Application for Spousal Support
When you file for divorce in BC, you need to get all essential details about spousal support. You could apply for spousal support if you were legally married, have a child, or have been living together for at least two years. The Divorce Act and the Family Law Act have detailed information on spousal support.
Spousal support considers the financial position of both spouses. You don’t have to face financial hardships if your partner has a stable income. The laws on spousal support ensure that spouses share any financial responsibility accordingly.
Several factors determine the amount of financial support that spouses ought to contribute. The time the couple has lived together is one of the elements. The law further examines if spouses have enough resources for self-support.
A partner’s earnings and nature of work also determine the amount one contributes or receives. Spouses can agree on spousal support without seeking a mediator or court order.
4. Financial or Property Division
When a woman divorces after she’s 50 years, the standard of living is likely to reduce to 45%. Men’s standard of living also drops by a significant percent. The financial implications surrounding a divorce make it necessary to know more about property division.
The division of property when getting a divorce in BC is clear. Family property includes investments, family homes, bank accounts, pensions, RRSPs, and insurance policies owned by spouses. A couple that has lived together for at least two years or is married legally can claim a percentage of these assets.
If you divorce in Canada, the law demands you divide the property equally. However, the property earned before marriage is not part of the family property. You only incorporate the property value that has increased during the marriage period.
In some cases, the court may order an unequal division of property. If the splitting up of property seems to disfavor one party, the court can make adjustments.
5. Get Legal Assistance
A divorce is a tedious and confusing process. If you are not familiar with divorce and family law, the process will appear more complicated. Fortunately, you can hire a divorce lawyer to help with the process.
A BC divorce lawyer will acquaint you with the laws relating to divorce in the region. You will understand more about child support and custody. The attorney will guide you on asset division.
With emotions flaring up during the divorce process, having a voice of reason in the form of a lawyer is one of the best decisions. Your lawyer will keep you focused on the big picture even when you’re losing the grip.
It would help to research widely before settling for a lawyer to represent you in court. This step will save you numerous frustrations that are common during the divorce process.
Filing for a Contested Divorce
Filing for a defended or contested divorce can be slightly different. You’ll start by submitting Form F3, which is a Notice of Family Claim. The process can become harder if a spouse files Form F4, which is a Response to Family Claim.
In a contested divorce, a lawyer is indispensable. In a situation where you fail to agree, you’ll have to wait for trial, where a judge will make the decision. This process is costly, stressful, and takes considerable time.
While some spouses take advantage of the divorce to frustrate each other, it’s not worth it. Agreeing on crucial matters will save you and your kids the emotional drain that results from a divorce. If need be, you can get a mediator before taking your differences to court.
The Process of Divorce in BC Is Clear
If you’ve been wondering how to file for divorce in BC, Canada, there you have it. Legal separation is essential, especially if you hope to remarry. The long divorce process shouldn’t deter you from presenting the case.
The number of divorce lawyers available is sufficient to give you viable options. With a divorce lawyer, the divorce process will seem more plausible. However, it would be best to resolve conflicts to make your divorce case straightforward.
Check out our online lawyer directory for a list of lawyers for all your legal needs.