How to start a divorce

Grounds for Uncontested Divorce

A marriage can be legally dissolved only based on the specific grounds as established by Canadian law. Therefore, getting a divorce in British Columbia is possible if there is one of the following reasons:

Separation

The parties have to live separately and apart for a year before a divorce is started. During this year, the spouses are allowed to cohabit for a period of 90 days to try to improve relations. After these 90 days, the parties should live separately again if they still want to terminate the marriage. Otherwise, they may need to start the one-year separation anew.

Adultery

The fact that the defendant committed adultery must be proven before the court.

Mental or Physical cruelty

The defendant shows severe aggression towards the plaintiff, which makes marital life unbearable.

Such grounds as adultery and cruelty can be used for proving that the marriage has broken down. Still, as divorce in Canada is no-fault, they typically do not affect property division, spousal support, child support, and custody arrangements.

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