Divorce is the formal termination of a marriage, and is distinct from separation. In order to separate, one spouse must simply advise the other that he or she wants to permanently end the relationship. A divorce in Kamloops requires a formal order from the Supreme Court of British Columbia. If you want to permanently end a marriage, it is important to obtain a divorce. Until you obtain a divorce, you cannot remarry, and your former spouse will have the right to file court applications against your property and your estate. Many legal rights in family law do not begin to expire until after a divorce is granted.
How long a divorce takes depends on many factors such as the parties involved, how complicated assets are to divide, whether children are involved. Costs will also depend on how long the process takes as well as things such as how much paperwork must be filed, court fees, and lawyer fees. For a more detailed idea of what costs to expect, please consult with one of our lawyers at Soll & Company.
It is important to seek legal counsel in the form of a lawyer right away so that you know what your rights are, what is legally expected of you, and to ensure the process goes as smoothly as possible.
A divorce can only be obtained in British Columbia in one of the following circumstances:
By far, the most common ground for divorce in British Columbia is when the former spouses have lived separate and apart for one year. Separation is generally dated from the moment one spouse communicated to the other a desire to permanently end the relationship. Contrary to what is shown in the media, allegations of adultery or cruelty do not often impact the issues of support or division of property, but those allegations, if proven, can allow a spouse who is the victim of adultery or cruelty to obtain a divorce without waiting a full year.
A divorce can be obtained in one of two ways. An uncontested divorce, where the parties agree that they should be divorced, is usually obtained through a desk order application. A desk order application requires the parties to complete a number of court documents and file those documents with the court registry. The court registry will then review those documents. If the documents are approved by the court registry, a judge will review the documents and sign the divorce order. A contested divorce, where the parties do not agree that they should be divorced, is usually obtained through a formal trial or hearing in court before a judge.
The divorce process is very complicated. The package of documents required for an uncontested desk order divorce application must be letter-perfect and any hearing on a contested divorce application will require the parties to understand complex rules of law and evidence. These things should not be left up to those that are not familiar with the process and the law.
The lawyers at Soll & Company are familiar with all aspects of the divorce process and can help you in obtaining a divorce as expeditiously as possible. If you are interested in obtaining a divorce in Kamloops or would like more information about what options are open to you, please contact our office and schedule a consultation.