How Long Does It Take to Get Divorced in BC?

Divorce is a major life event, and one of the most common questions people ask when considering separation is: "How long will it take to get divorced in BC?" While the timeline can vary depending on several factors, this guide will help you understand the process and what to expect.

The Basic Timeline for Divorce in BC

In British Columbia, the minimum waiting period for a divorce is one year of separation unless you are filing on the grounds of adultery or cruelty. However, even after this waiting period, the legal process can take additional time. On average, a simple, uncontested divorce in BC can take 3 to 6 months after filing, while more complex cases can take significantly longer.

Step-by-Step Process and Timeline

Step 1: Separation Period (1 Year Minimum)

Before you can apply for divorce on the grounds of separation, you must live apart from your spouse for at least one year.

Step 2: Filing the Divorce Application (1 to 4 Weeks)

You or your spouse can file a Notice of Family Claim in BC Supreme Court at any time. However, you must wait one year of separation before you can apply for an uncontested divorce. If both parties agree to the divorce and there are no disputes over assets, support, or parenting arrangements, the process moves much faster.

If the divorce is contested (meaning there are disagreements that require court intervention), the process can take much longer—sometimes years—depending on the complexity of the issues.

Step 3: Serving the Divorce Papers (2 to 4 Weeks)

If you are the one filing for divorce, you must serve your spouse with the divorce documents. If your spouse cannot be located or refuses to accept the documents, this step may take additional time as you may need to apply for an alternative service order.

Step 4: Waiting Period for a Response (30 Days)

Once served, your spouse has 30 days to file a response. If they do not respond within this time frame, you may proceed with an uncontested divorce.

Step 5: Applying for a Final Divorce Order (1 to 3 Months)

If the divorce is uncontested, you can apply for a desk order divorce, which does not require a court appearance. The court will review the documents, and if everything is in order, a judge will grant the Divorce Order within 1 to 3 months.

Step 6: Divorce Becomes Final (31 Days After Divorce Order)

Once the Divorce Order is granted, you must wait 31 days for it to become final. After this waiting period, you can request a Certificate of Divorce, which serves as official proof that you are legally divorced and free to remarry if you choose.

What Can Delay a Divorce?

While an uncontested divorce can be finalized in as little as 3 to 6 months after filing, certain issues can extend the timeline:

Disagreements over property, child custody, or support – If you and your spouse cannot agree on key issues, your divorce could drag on for months—or even years. Contested divorces require court hearings, negotiations, and sometimes even a trial, significantly increasing both time and legal costs. Understanding your rights and obligations early can prevent costly mistakes and unnecessary conflict. Having an experienced family lawyer on your side not only helps you negotiate fair settlements but also ensures the process moves as quickly and smoothly as possible. If you want to reduce stress and avoid delays, getting legal guidance from the start is key.
Missing paperwork or errors in your application – One of the biggest and most frustrating causes of divorce delays is paperwork mistakes. Courts are strict, and even minor errors—like a missing signature, incorrect dates, or incomplete financial disclosures—can lead to your application being rejected. This means you could be forced to start over, wasting weeks or even months. It's not as easy as it sounds to get everything right the first time. Given the complexity of legal forms, working with an experienced family lawyer can help minimize errors, avoid setbacks, and get your divorce finalized as quickly as possible.
Difficulties serving your spouse – If your spouse is avoiding service or cannot be located, alternative service methods must be arranged, adding extra time.
Court backlog – The BC Supreme Court processes many cases, and delays can occur due to high case volumes.

Final Thoughts

While the minimum waiting period for a divorce in BC is one year of separation, the actual process can take anywhere from 3 months to several years, depending on the complexity of the case. If you are considering divorce and want to understand your options, consulting a family lawyer can help you navigate the process smoothly and efficiently.

Need legal assistance? Contact our team today to discuss your divorce case and find the best path forward.