Divorces are governed by the Divorce Act of Canada and in the province of British Columbia, are dealt with by the Supreme Court of British Columbia. To obtain a divorce, at least one, if not both, of the spouses must apply in court on the basis that there was a breakdown of the marriage. There are conditions that must be met. In Canada, there are two ways to establish a breakdown of marriage. The first involves spouses who are separated, and have been for at least one year before a divorce is granted by the court.
The second way to establish a breakdown of marriage is to allege adultery or abuse. These allegations require that the spouse against whom the divorce is proceeding has, during the marriage, committed adultery or abused the other spouse in some manner.
When it comes to family law, there are generally two types of divorces, contested or uncontested.
In divorce proceedings, there is a requirement that the other spouse be notified and given opportunity to oppose the granting of a divorce. Uncontested divorces occur when one spouse in the relationship files an application for divorce that is unanswered by the other spouse, or agreed to by the other spouse. They are generally less time-consuming and complex than contested divorces.
A contested divorce occurs where one of the spouses opposes the terms of the divorce. The spouse contesting the divorce may have an issue with how family property is divided upon divorce, how child custody will work, or whether child support or spousal support ought to be provided by one of the parties. Typically, a divorce is contested not because a spouse does not want to breakdown the marriage, but rather due to disagreements over the terms of the divorce, though of course there are exceptions.
If you are considering divorce, the family law lawyers at Acumen Law can guide you through the process and ensure your rights are protected. For a free consultation, call 250-384-0100 (Victoria) or 604-685-8889 (Vancouver).