Grounds for Divorce in BC
Under the Divorce Act, you need to establish that your marriage has broken down. The most common ground is living separate and apart for at least one year. Adultery and cruelty are also grounds, but they require specific evidence and are less commonly used. In our experience, most clients in Surrey proceed under the one-year separation ground because it is straightforward and does not require proving fault.
The Divorce Process in Surrey
The Supreme Court of British Columbia is the only court that can grant a divorce. If you live in Surrey, your matter will typically be filed at the New Westminster Supreme Court registry, which serves the Surrey area. The process generally follows these steps:
Step 1: Separation
Before filing for divorce, you and your spouse must be legally separated. Separation does not require a formal document — it begins when you start living apart with the intention to end the relationship. Under one roof, you can still be legally separated if you are living separate lives within the same home.
Step 2: Resolving the Issues
Before or during the divorce process, you and your spouse need to resolve any outstanding issues. This includes division of property and debt, child custody and parenting arrangements, child support, and spousal support. If you and your spouse agree on all issues, the divorce is considered uncontested and is much faster and less expensive. If you do not agree, the court will need to decide these issues for you.
Step 3: Filing the Divorce Application
Once you have been separated for at least one year (or meet another ground), a divorce application is filed with the court. The application includes your marriage certificate, any agreements reached, and supporting documents. If there are children, additional forms regarding parenting arrangements and child support are required.
Step 4: Service and Response
The filed documents must be served on your spouse, who has 30 days to file a response. If your spouse does not respond, the divorce can proceed undefended. If your spouse does respond and disputes the divorce or any related issues, the matter may proceed through court hearings or alternative dispute resolution methods such as mediation.
Step 5: The Divorce Order
If the divorce is uncontested, a judge reviews the file and, if satisfied, grants the divorce order. The divorce becomes final 31 days after the order is issued. This 31-day period allows for any appeals. After that, you are legally divorced and free to remarry.
How Long Does a Divorce Take in Surrey?
An uncontested divorce where all issues are resolved typically takes 2 to 4 months from filing to the final order. A contested divorce can take significantly longer — sometimes 12 months or more — depending on the complexity of the issues and court scheduling. In our experience, the fastest path to a completed divorce is having a clear separation agreement in place before filing.
How Much Does a Divorce Cost?
At Law Boutique, an uncontested divorce is $2,240. If additional orders are needed (such as parenting or support orders), those are $392 each. If you and your spouse have reached an agreement through negotiation, a Minutes of Settlement document is $1,008. Contested matters are billed at an hourly rate and the cost depends on how many issues are in dispute and how long resolution takes.
Do You Need a Lawyer for Your Divorce?
You are not legally required to have a lawyer for a divorce in BC. However, in our experience, clients who attempt to navigate the process without legal representation often face costly delays, procedural errors, and missed entitlements. A lawyer ensures that your rights are protected, all necessary documents are properly filed, and any agreements you reach are legally binding and enforceable.
Choosing a Divorce Lawyer in Surrey
When choosing a divorce lawyer, consider the following. Do they practice family law regularly? Do they explain the process clearly and answer your questions directly? Are they transparent about costs upfront? Are they accessible when you need them? At Law Boutique, we handle family law matters every day. We are located inside Guildford Town Centre in Surrey, open Monday through Saturday, and we provide clear, upfront pricing so you know what to expect from the start.
Ready to Talk to a Divorce Lawyer in Surrey?
If you are considering divorce or separation, the best first step is a consultation. We will explain the process, answer your questions, and give you a clear picture of costs and timelines. Start your consultation request at lawboutique.ca/book.