BRITISH COLUMBIA DIVORCE GUIDE

How to File for Divorce in British Columbia
Without a Lawyer

Filing for divorce in British Columbia without an attorney costs CAD $210 in court fees. You must meet the residency requirement of 1 year in British Columbia. British Columbia is a equitable distribution state with a 1 year separation waiting period. An uncontested divorce typically takes 4-6 months (after separation). Victoria AI guides you through every step with British Columbia-specific instructions.

CAD $210
Filing Fee
1 year separation
Waiting Period
1 year in British Columbia
Residency
4-6 months (after separation)
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

British Columbia Divorce Requirements at a Glance

Filing FeeCAD $210 (The court filing fee is CAD $210 for a divorce application in BC Supreme Court. Additional fees may apply for filing additional documents. Fee waivers available.)
Residency Requirement1 year in British Columbia
Waiting Period1 year separation
Property DivisionEquitable Distribution (fair, not equal)
Grounds for Divorce1 year separation (no-fault), Adultery, Mental or physical cruelty
No-Fault Only?No (fault grounds available)
Uncontested Timeline4-6 months (after separation)
Contested Timeline1-3 years
Fee Waiver Available?Yes
~15,000
Divorces per year in British Columbia
~30%
Pro se filers
4-6 months (uncontested)
Average duration
CAD $210
Median filing fee

British Columbia Residency Requirements

To file for divorce in British Columbia, you must meet the following residency requirement: 1 year in British Columbia.

At least one spouse must have been ordinarily resident in British Columbia for at least 1 year immediately before starting the divorce proceeding in the Supreme Court of BC.

Tip: Victoria AI can help you determine if you meet British Columbia's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in British Columbia: Step-by-Step

Follow these steps to file for divorce in British Columbia without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been ordinarily resident in British Columbia for at least 1 year immediately before starting the divorce proceeding in the Supreme Court of BC.

STEP 2

Gather Required Forms

Download the official British Columbia divorce forms: Notice of Family Claim, Requisition, Child Support Affidavit. All forms are available from the British Columbia courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (Form F3) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the British Columbia court and pay the filing fee of CAD $210. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to British Columbia rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by British Columbia law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

Under the federal Divorce Act, spouses must live separate and apart for at least 1 year. You can file before the year is complete if you expect to meet the requirement by the time of the hearing.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in British Columbia, this typically takes 4-6 months (after separation). The court will issue your final divorce decree.

Required Forms for British Columbia Divorce

These are the primary forms you'll need to file for divorce in British Columbia. Victoria AI guides you through completing each form correctly.

Notice of Family Claim

Form F3

Initiates divorce proceeding

Requisition

Form F35

Request for desk order divorce

Child Support Affidavit

Form F37

If children involved

Divorce Order

Final order

Final divorce decree

British Columbia Divorce Costs & Filing Fees

The filing fee to start a divorce in British Columbia is CAD $210. The court filing fee is CAD $210 for a divorce application in BC Supreme Court. Additional fees may apply for filing additional documents. Fee waivers available.

Cost TypeAmount
Court Filing FeeCAD $210
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY UncontestedCAD $500-$2,000 (uncontested DIY)

Fee Waiver Available in British Columbia

If you cannot afford the filing fee, British Columbia offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in British Columbia

After filing your divorce petition in British Columbia, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in British Columbia

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. British Columbia courts are strict about service requirements.

Property Division in British Columbia

Equitable Distribution State

British Columbia is a equitable distribution state.

BC's Family Law Act presumes equal division of family property. Excluded property (pre-relationship, gifts, inheritance) stays with the original owner, but any increase in value during the relationship is shared.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how British Columbia law applies to your specific property.

Child Support in British Columbia

British Columbia uses the Federal Child Support Guidelines.

BC uses the Federal Child Support Guidelines. Support is based on the payor's income and number of children. The BC Child Support Recalculation Service can adjust amounts annually without going to court.

Spousal Support Factors in British Columbia

  • Economic advantages/disadvantages from relationship
  • Financial consequences of child care
  • Economic hardship from relationship breakdown
  • Self-sufficiency within reasonable time
  • Spousal Support Advisory Guidelines used
  • Length of relationship

British Columbia Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your British Columbia divorce.

Uncontested Divorce

4-6 months (after separation)

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

1-3 years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical British Columbia Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the CAD $210 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

1 year separation - Under the federal Divorce Act, spouses must live separate and apart for at least 1 year. You can file before the year is complete if you expect to meet the requirement by the time of the hearing.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes British Columbia Divorce Unique

Family Law Act reformed in 2013

Desk order divorce for uncontested cases

Child Support Recalculation Service

Notice to Mediate program available

Strong family justice services

Parenting coordinator option for disputes

Key British Columbia Divorce Laws

  • Divorce Act (Canada)Federal Divorce Law
  • Family Law Act (BC)Property and Support
  • Supreme Court Family RulesCourt Procedures
  • Federal Child Support GuidelinesChild Support

British Columbia Divorce FAQ

Common questions about filing for divorce in British Columbia without an attorney.

Victoria AI Knows British Columbia Divorce Law

Get 24/7 guidance specific to British Columbia's forms, procedures, and requirements.

British Columbia-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using British Columbia's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

24/7 AI guidance

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Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All British Columbia divorce information verified from official state court sources.

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