What is an Uncontested Divorce?
24 Nov 2022 Legal Services
While divorce is often regarded as a contentious, stressful, and difficult period, this is not always the case. In some situations, both parties may amicably agree to separate and undergo the process for an uncontested divorce. Knowing what an uncontested divorce is and the requirements surrounding them is crucial for ensuring that every part of the process is completed properly. That is why the family law experts at Linley Welwood have put together some information to provide a clear definition of uncontested divorces and the requirements that must be met for a divorce to be classified in this way.
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Do You Need to go to Court for an Uncontested Divorce?
Also known as a no-contest divorce, joint divorce, or desk divorce, an uncontested divorce is a divorce application where both parties agree to end their relationship without litigation or conflict. This means that both parties have agreed to end the marriage without submitting any disputes to the court and that all issues, including the following, have been resolved:
- Division of shared property
- The amount and duration of spousal support
- Child support
- Child custody and parenting arrangements
In the case of an uncontested divorce, an application of divorce will still be required as a formality to end the marriage.
What are the Requirements for an Uncontested Divorce in BC?
In BC, certain legal requirements must be met for a divorce to be considered uncontested. The requirements include:
Breakdown of the Marriage
Both parties will typically need to swear that they have been living separately/apart for at least one year. While the process can start before the year is over, a divorce will most likely not be granted until the full year has passed.
No Disputes
All issues and disputes must be resolved before a couple can apply for an uncontested divorce.
BC Residency for Divorce
At least one of the parties must be a BC resident at the time of the divorce. This means that at least one person must have been living in BC for the past year and must still be living in BC until the Notice of Family Claim for divorce has been filed.
Marriage Certificate and Photo
The original marriage certificate, which can be obtained from the jurisdiction the couple was married in, and a photo of the spouse will need to be provided to proceed with the divorce application.
To learn more about our family law solutions or to discuss the details of your divorce, get in touch with the team at Linley Welwood. We can be reached through our online contact form and will be happy to answer any questions you may have regarding our services or your situation.
